Thompson v. Harvey
Supreme Court of Alabama
Appeal from tbe City Court of. Mobile. Tried before tbe Hon. O. J. Semmes. This action was brought by Seth Harvey, againt Joseph U. Thompson and N. Q. Thompson, to recover two oxen, with yokes, chains, &c.; and was commenced in a justice’s court, in May, 1888. On the trial in the City Court, to which the case was removed by certiorari, it appeared that the property sued for, with another yoke of oxen, was traded by the plaintiff to the defendants, about the 1st April, 1888,…
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Appeal from tbe City Court of. Mobile. Tried before tbe Hon. O. J. Semmes. This action was brought by Seth Harvey, againt Joseph U. Thompson and N. Q. Thompson, to recover two oxen, with yokes, chains, &c.; and was commenced in a justice’s court, in May, 1888. On the trial in the City Court, to which the case was removed by certiorari, it appeared that the property sued for, with another yoke of oxen, was traded by the plaintiff to the defendants, about the 1st April, 1888, in exchange for a horse, two cows, and $30.00 in money; that the horse was valued in the trade at $100; that $8.00 of…
1Opinion of the CourtClopton, J.
1. The first question in this case is, whether the plaintiff can maintain an action for the recovery of specific property. The transaction, out of which the controversy grew, was an exchange of property by the parties. We must assume, as was evidently found by the jury, that defendants warranted the soundness of the horse, which they delivered to plaintiff in exchange for the property sued for, and that the warranty was broken. Whatever may be the conflict in the authorities, it may be regarded as settled in this State, that the remedy of a buyer, to avoid a contract for the breach of a…
2Cases cited8 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Tabor v. PetersSupreme Court of Alabama · 1883
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- McCormick v. KellySupreme Court of Minnesota · 1881
- Nesbitt v. Pearson's Adm'rsSupreme Court of Alabama · 1859
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3Cited by7 opinions
- Tiger Motor Co. v. McMurtrySupreme Court of Alabama · 1969
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Brooks v. RomanoSupreme Court of Alabama · 1906
- Ray v. BrewerSupreme Court of Alabama · 1952
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