Legal Opinion

Van Derveer v. Strickland Bros. MacH. Co.

Alabama Court of Appeals

Decided January 14, 1919No. 6 Div. 497PublishedCited by 4 opinions

Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Assumpsit by Strickland Bros. Machine Company against Joseph P. Van Derveer and A. R. Aldridge and others. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear.

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Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Assumpsit by Strickland Bros. Machine Company against Joseph P. Van Derveer and A. R. Aldridge and others. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear. The following charges were requested and given for the plaintiff: Assignment 3. When a third party, in dealing with an agent, has ascertained the apparent authority with which the principal has clothed the agent, he is under no further obligation to inquire into the agent’s actual authority, and in such case a party dealing with the agent in…

1Opinion of the CourtBrown, P. J.

This is an action by appellee against appellant Aldridge and others, on account for goods, wares, and merchandise furnished and work and labor done, the trial resulting in a verdict and judgment 'against the appellant and Aldridge. The evidence shows that Aldridge owned a large body of timber land in Tuscaloosa county, and appellant owned a sawmill; that they entered into a joint adventure, under a written agreement, by the terms of which appellant sold to himself and Aldridge, for the purpose of carrying out their joint enterprise, the sawmill, at an agreed price to be paid out of the…

2Cases cited9 opinions

  1. Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
  2. Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
  3. Daigre v. Julius Levin & Co.Supreme Court of Louisiana · 1895
  4. McAnally v. Hawkins Lumber Co.Supreme Court of Alabama · 1895
  5. McDonnell v. Battle House Co.Supreme Court of Alabama · 1880

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3Cited by4 opinions

  1. J. L. McClure Motor Co. v. McClainAlabama Court of Appeals · 1949
  2. WB Davis Hosiery Mill, Inc. v. Word Lumber Co., Inc.Court of Civil Appeals of Alabama · 1972
  3. Brown v. Sand Mountain BankSupreme Court of Alabama · 1961
  4. Simple Helix LLC v. Relus Technologies LLCDistrict Court, N.D. Alabama · 2020

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