Barnett v. Stanton
Supreme Court of Alabama
The plaintiff brought an action of Assumpsit against the defendants in the Circuit Court of Mobile, on a promissory note, dated the 31st January, 1838, for the payment of thirteen hundred and thirty and thirty-five one-hundredths dollars, six months thereafter. In the transcript there is no plea, but the case was tried by the jury as on issue joined. On the trial, the defendants excepted to the ruling of the Circuit Judge.
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The plaintiff brought an action of Assumpsit against the defendants in the Circuit Court of Mobile, on a promissory note, dated the 31st January, 1838, for the payment of thirteen hundred and thirty and thirty-five one-hundredths dollars, six months thereafter. In the transcript there is no plea, but the case was tried by the jury as on issue joined. On the trial, the defendants excepted to the ruling of the Circuit Judge. From the statement of the facts in the bill of exceptions, it appears, that the note sued on, and others, were given in consideration of a lot of ready-made clothing, which…
1Opinion of the Court
COLLIER, C. J
— In Ricks v. Dillahunty, 8 Porter’s Rep. 133, we considered, somewhat at length, the nature of a contract for the sale of personal chattels, and the obligations and duties mutually enjoined upon the vendor and vendee. In that case, we say that, “to entitle the purchaser to recover for any defect in the quality, or soundness of the article, or property sold, except under special circumstances, he must prove that the seller warranted the thing sold, to be good and sound, or that he concealed or fraudulently represented its qualities.” (See also, Ross on Vendors, 334; Hyatt v.…
2Cases cited3 opinions
- Burton v. StewartNew York Supreme Court · 1829
- Gallagher v. WaringNew York Supreme Court · 1832
- Hart v. WrightNew York Supreme Court · 1837
3Cited by50 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- McGuff v. StateSupreme Court of Alabama · 1946
- Boothby v. ScalesWisconsin Supreme Court · 1871
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