Learned-Letcher Lumber Co. v. Ohatchie Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. LeRoy F. Box. This action was begun before a justice of the peace by the appellee to recover $100 as the price of certain lumber sold by plaintiff to defendants. Defendant recovered a judgment in the justice court, and plaintiff appealed to the circuit court. In the circuit'court the complaint was amended by adding a count for money had and received.
Read the full summary
Appeal from the Circuit Court of Calhoun. Tried before the Hon. LeRoy F. Box. This action was begun before a justice of the peace by the appellee to recover $100 as the price of certain lumber sold by plaintiff to defendants. Defendant recovered a judgment in the justice court, and plaintiff appealed to the circuit court. In the circuit'court the complaint was amended by adding a count for money had and received. On the trial the testimony tended to show that the firm of Laney & Jackson had given their note to O. T. Letcher and J. R. Learned which had been negotiated and indorsed by them to…
1Opinion of the CourtHead, J.
In an action on account for goods sold and for money had and received, wherein appellee was plaintiff and appellant, defendant, it was in issue whether one Day was agent of the defendants in the transactions which the controversy involved. Day had written sundry letters to plaintiff’s president, in respect to these transactions, and the circuit court told the jury that they might look to those letters for the purpose o’f ascertaining whether or not he was the agent of the defendants. This instruction violated the cardinal rule that; acts and declarations of one professing to act as agent of…
2Cases cited3 opinions
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Womack v. BirdSupreme Court of Alabama · 1879
- Tanner & DeLaney Engine Co. v. HallSupreme Court of Alabama · 1889
3Cited by2 opinions
- Union Naval Stores Co. v. PughSupreme Court of Alabama · 1908
- W. T. Rawleigh Co. v. HannonSupreme Court of Alabama · 1944