Gann v. Long & Son
Alabama Court of Appeals
Appeal from Winston Circuit Court. Heard before Hon. James J. Rat. Action by W. R. Long & Son against J. M. Gann on a contract to purchase cotton for future actual delivery. Judgment for plaintiffs and defendant appeals.
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Appeal from Winston Circuit Court. Heard before Hon. James J. Rat. Action by W. R. Long & Son against J. M. Gann on a contract to purchase cotton for future actual delivery. Judgment for plaintiffs and defendant appeals. The case at bar differs from that of Sunflower Lumiber CompcMiy v. Turner Supply Company, 158 Ala. 191, and that case cannot be said to be an authority here. 'Subdivision 26 of section 2861 requires a license for one dealing in cotton, and section 7212 provides a penalty for doing business without license and section 2401 makes it unlawful for a person to do any act for which…
1Opinion of the CourtWalker, P. J.
This is an action for the recovery of damages for the alleged breach of a contract of the defendant to deliver to the plaintiffs three bales of cotton, of 500 pounds each, on or before the 15th day of November, 1909, at 10 cents per pound; the complaint alleging that the defendant failed to deliver the cotton according to the contract. It was decided in the case of Sunflower Lumber Co. v. Turner Supply Co., 158 Ala. 191, 48 South. 510, 132 Am. St. Rep. 20, that a contract made by one not having a license, in a business on which a license is imposed by statute as a mean;s of raising revenue,…
2Cases cited8 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Hawley v. BibbSupreme Court of Alabama · 1881
- Ross v. ParksSupreme Court of Alabama · 1890
- Fulenwider v. RowanSupreme Court of Alabama · 1902
- Western Union Telegraph Co. v. ChambleeSupreme Court of Alabama · 1898
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3Cited by1 opinion
- In re BrownDistrict Court, N.D. Alabama · 1938