Holmes v. Bloch
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. C. P. McIntyre. Assumpsit by B. K. Bloch doing business as the Empire Distilling Company, against Lee Holmes. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals under act creating that court.
1Opinion of the CourtMayfield, J.
This is an action to recover the purchase price of five barrels of whisky. Four counts declare each on promissory notes made by defendant, payable to plaintiff, for the aggregate price of the whisky. There is no dispute that the notes were given as for the purchase price of the whisky, nor that they were delivered to plaintiff’s agent and salesman. The defense set up is that there was only an agreement to sell, made by and between the defendant and the plaintiff’s agent or salesman, which agreement was by its very terms subject to the ratification or rejection of the plaintiff, the…
2Cases cited7 opinions
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
- Gamble v. City CouncilSupreme Court of Alabama · 1906
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
- DeJarnette v. McDanielSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Corley v. VizardSupreme Court of Alabama · 1919
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
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