Meyer Bros. Drug Co. v. Puckett
Supreme Court of Alabama
Appeal from the Circuit of Jackson. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, P. C. Puckett, against the Meyer Brothers Drug Company, to recover the price of articles sold by the plaintiff to the defendant.
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Appeal from the Circuit of Jackson. Tried before the Hon. J. A. Bilbro. This action was brought by the appellee, P. C. Puckett, against the Meyer Brothers Drug Company, to recover the price of articles sold by the plaintiff to the defendant. The defendant pleaded the general issue and the following special pleas: “2. The defendant bought from the plaintiff pink root, which is a very valuable article, and the plaintiff fraudulently shipped defendant twin-leaf root, which is of very little value, in lieu thereof. “3. The plaintiff contracted to sell the defendant pink root, and falsely sent to…
1Opinion of the CourtSharpe, J.
Tinder the complaint, which consists of common counts, plaintiff sought a recovery as for the price of merchandise consisting of medicine roots sold under agreement arrived at by correspondence between the plaintiff, who was in Alabama, and the defendant who was in St. Louis, Missouri.
*336Besides the general issue and pleas numbered 5 and 6 as to winch demurrers were sustained, and the plea 10 which was stricken out, several special pleas were filed in which the position was assumed that the goods plaintiff claims for were; shipped to and received by defendant as “Pink root” but were in fact…
2Cases cited5 opinions
- Gachet v. WarrenSupreme Court of Alabama · 1882
- Alabama Great Southern Railroad v. Moore & StephensSupreme Court of Alabama · 1895
- Louisville Jeans Clothing Co. v. LischkoffSupreme Court of Alabama · 1895
- Roden & Co. v. BrownSupreme Court of Alabama · 1893
- Central of Georgia Railway Co. v. MainSupreme Court of Alabama · 1902
3Cited by4 opinions
- Donaldson v. RobersonAlabama Court of Appeals · 1916
- Louisville & Nashville R. R. v. McCoolSupreme Court of Alabama · 1910
- Coker v. Louisville N. R. Co.Supreme Court of Alabama · 1944
- Benton Roberts Dry Goods Co. v. Cyrus W. Scott Mfg. Co.Court of Appeals of Texas · 1924