McCaa v. Elam Drug Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley, This action was brought by the appellant, Addie N. McCaa, against the appellee, the Elam Drug Company, a corporation. The only question presented on the present appeal, is the ruling of the trial court upon the demurrers interposed to the complaint filed in the pause.
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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley, This action was brought by the appellant, Addie N. McCaa, against the appellee, the Elam Drug Company, a corporation. The only question presented on the present appeal, is the ruling of the trial court upon the demurrers interposed to the complaint filed in the pause. The complaint contained three counts, which, exclusive of the claim for special damages,- which is stated in the opinion, are as follows : “1. The plaintiff claims of the defendant the sum of five hundred dollars for this, that on or about the 31st…
1Opinion of the Court
COLEMAN, J. —
The plaintiff (appellant) purchased paints and oils from the defendant Drug Company, a dealer in such articles of merchandise, to be used by her in painting her dwelling house, the defendant knowing the use for which said articles were purchased. The articles were delivered to plaintiff, paid for and used. Afterwards the plaintiff discovered, as averred, that the *82paints and oils were worthless and proved an injury to the building instead of a benefit. She sued to recover damages, claiming as special damages, the purchase money paid for the oils and paints, the amount paid to…
2Cases cited11 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Barnett v. StantonSupreme Court of Alabama · 1841
- Dounce v. . DowNew York Court of Appeals · 1876
- Gossler v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1869
- Perry v. JohnstonSupreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- C. H. Dean Co. v. StandiferCourt of Appeals of Texas · 1904
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Cato v. WilliamsonSupreme Court of Alabama · 1923
- National Supply Co. v. Southern Creamery Co.Supreme Court of Alabama · 1932
9 more not listed; retrieve them via the Exa API.