Milner, Wood & Wren v. Patton
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. This action was brought by the appellants, suing as partners, against Robert M. Patton, to recover the price of goods, wares, and merchandise, sold and delivered by the plaintiffs to the defendant, in October, 1861. The complaint contained only the common counts.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. This action was brought by the appellants, suing as partners, against Robert M. Patton, to recover the price of goods, wares, and merchandise, sold and delivered by the plaintiffs to the defendant, in October, 1861. The complaint contained only the common counts. The defendant pleaded the general issue, and a special plea, averring that the goods were purchased by him for the purpose of furnishing uniforms and clothing to the soldiers engaged in the military service of the Confederate States, and were so used,…
1DissentB. F. Saffold, J.
—I dissent from the proposition of the court, that a contract for the sale of goods is vitiated, because the vendor was simply aware, at the time, of an intention on the part of the vendee to use them in the military service of the Confederate States. The plaintiffs (appellants) claimed of the defendant appellee $2,350 due by account for goods sold in October, 1861. The defendant pleaded, amongst other *428defences, that the goods were purchased for the purpose of clothing and uniforming Confederate soldiers, with the knowledge and intention of such use, on the part of the plaintiffs. A…
2Cases cited3 opinions
- Hanauer v. DoaneSupreme Court of the United States · 1871
- De Groot v. Van DuzerNew York Supreme Court · 1838
- Thedford v. McClintockSupreme Court of Alabama · 1872