Bowdoin v. Alabama Chemical Co.
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Assumpsit by the Alabama Chemical Company against.W. T. Bowdoin. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449. Corrected and The note sued on was executed by defendant to one Austin & Gentry, and is alleged to be now the property of plaintiff.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Assumpsit by the Alabama Chemical Company against.W. T. Bowdoin. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449. Corrected and The note sued on was executed by defendant to one Austin & Gentry, and is alleged to be now the property of plaintiff. Defendant set up an illegal consideration in that it was given for the price of fertilizer sold to defendant by Austin & Gentry in 1914, and that said Austin & Gentry did not have a license from the…
1Opinion of the CourtThomas, J.
The two questions presented for decision are: (1) Whether a contract of sale of commercial fertilizers made without the seller’s first having taken out a license as required by the statute is void; and (2) if it is' void, did the contract in this case between. Austin & Gentry and the Alabama Chemical Company or the Dothan Chemical Company create the relation of principal and agent as regards the sale of the fertilizer in question?
[1] The rule in this state is that, if a statute was not designed to prohibit the making of contracts without previous compliance with statutory provisions, but was…
2Cases cited13 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Derico v. DuncanSupreme Court of Alabama · 1982
- Marx v. LiningSupreme Court of Alabama · 1935
- Knight v. WatsonSupreme Court of Alabama · 1930
- Bankers & Shippers Ins. Co. of NY v. BlackwellSupreme Court of Alabama · 1951
- Owens v. CapriWyoming Supreme Court · 1949
13 more not listed; retrieve them via the Exa API.