Penn v. Smith
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before the Hob. J. M. CaRmichael. The plaintiffs, Smith, Grainger & Cantrell of Gallatin,-Tenn., sued the defendants, Penn & Montgomery, merchants doing business at Opelika, Ala., for damages for refusing to accept, and pay for a shipment of flour forwarded by plaintiffs from their warehouse in Nashville, to defendants at Opelika, which had been sold to the defendants by an agent of the plaintiffs, by sample.
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Appeal from Lee Circuit Court. Tried before the Hob. J. M. CaRmichael. The plaintiffs, Smith, Grainger & Cantrell of Gallatin,-Tenn., sued the defendants, Penn & Montgomery, merchants doing business at Opelika, Ala., for damages for refusing to accept, and pay for a shipment of flour forwarded by plaintiffs from their warehouse in Nashville, to defendants at Opelika, which had been sold to the defendants by an agent of the plaintiffs, by sample. Upon the arrival of the flour in Opelika the defendants, upon examination, refused to accept it, upon the ground that it did not correspond with the…
1Opinion of the CourtHaralson, J.
The Circuit Court did not err in overruling the demurrer to plea No. 3, and to pleas Nos. 2 and 5 as amended. They each tendered an answer to the complaint.
The plaintiffs (appellees here) sued for the breach of an alleged contract, by which the defendants (appellants here), on the 15th of April, 1889, agreed to accept and pay for a large lot of flour in barrels, at a stipulated price, if delivered by the plaintiffs to the defendants at Opelika, Alabama, within a reasonable time thereafter; and they aver that they complied with the contract on their part, and the defendants failed to comply…
2Cases cited7 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Lewis v. . GreiderNew York Court of Appeals · 1872
- Brownlee v. BoltonMichigan Supreme Court · 1880
- Penn & Co. v. SmithSupreme Court of Alabama · 1890
- Merriman v. ChapmanSupreme Court of Connecticut · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Browne v. GigerSupreme Court of Alabama · 1930
- Penn & Co. v. SmithSupreme Court of Alabama · 1894
- Starr Jobbing House v. May Hosiery MillsSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.