Farrow v. Andrews & Co.
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Tried before Hon. James E. Cobb. This action was brought by the appellees against the appellant, and was founded on a promissory note, executed by the latter to the former.
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Appeal from Randolph Circuit Court. Tried before Hon. James E. Cobb. This action was brought by the appellees against the appellant, and was founded on a promissory note, executed by the latter to the former. In addition to the plea set out in the opinion, the appellant pleaded the general issue, and also, by way of set-off, damages which, it is alleged, he sustained on account of a breach of a warranty in the' sale by the appellees to the appellant of a lot of guano, which they “ warranted to be good guano, when in fact and in truth the said guano was wholly worthless and of no value.” On…
1Opinion of the CourtStone, J.
It is not shown in this record that Andrews & Co., the sellers of the guano, were themselves its manufacturers. Hence there was no implied warranty that the article sold was reasonably well adapted to the purposes for which it was purchased. Like any other sale of merchandise, the law exacted from the contractors only good faith and fair dealings Neither do we think there was any evidence given or offered, tending to prove a warranty. The most that can be made of’ it is an expression of opinion that it was a good fertilizer. This does not amount to a warranty.— Wilcox v. Henderson, 64 Ala.…
2Cases cited2 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Wilcox, Gribbs & Co. v. HendersonSupreme Court of Alabama · 1879
3Cited by11 opinions
- Vulcan Metals Co. v. Simmons Mfg. Co.Court of Appeals for the Second Circuit · 1918
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Hampton Guano Co. v. Hill Live-Stock Co.Supreme Court of North Carolina · 1915
- Tabor v. PetersSupreme Court of Alabama · 1883
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
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