Jones & Co. v. Brewer
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the lion. IT. A. Sharpe. This action was brought by E. IT. Jones, against W. P. Brewer, to recover $208, the price of a mortiser sold by plaintiff to defendant; and was commenced on the 19th February, 1885. The plaintiff was a manufacturer of machinery, doing business at Cleveland, Ohio, under the name of E. IT. Jones & Co. The negotiations between the parties were conducted through the mails.
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Appeal from the City Court of Birmingham. Tried before the lion. IT. A. Sharpe. This action was brought by E. IT. Jones, against W. P. Brewer, to recover $208, the price of a mortiser sold by plaintiff to defendant; and was commenced on the 19th February, 1885. The plaintiff was a manufacturer of machinery, doing business at Cleveland, Ohio, under the name of E. IT. Jones & Co. The negotiations between the parties were conducted through the mails. The defendant wrote from Birmingham, October 14th, 1884, as follows: “ If I understand your prices for Smith’s new-style mortiser, you say $208 for…
1Opinion of the CourtGlopton, J.
The single question presented by the facts of this case is, on whom, by the terms of the contract, and the dealings between the parties, falls the loss of the mortiser? Generally, “the common law fixes the risk where the title resides.” The decisive inquiry is, in whom was the property at the time of its destruction by the burning of the depot in Birmingham, on the night of November 14th, 1884? The general rule may be conceded, that a contract of sale of personal property in the possession of the vendor is complete when the terms are agreed on, and there remains nothing for the seller to do,…
2Cases cited6 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- The St. Joze IndianoSupreme Court of the United States · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Brandon Printing Co. v. BostickSupreme Court of Alabama · 1899
- Willman Mercantile Co. v. FussyMontana Supreme Court · 1895
- St. Louis S. F. R. Co. v. AllenSupreme Court of Oklahoma · 1912
- Stone & Gambrell v. Waite & Co.Supreme Court of Alabama · 1889
7 more not listed; retrieve them via the Exa API.