Garnett v. Parry Mfg. Co.
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Assumpsit by tbe Parry Manufacturing Company against W. W. Garnett for tbe price of a dray. Judgment for plaintiff and defendant appeals.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Assumpsit by tbe Parry Manufacturing Company against W. W. Garnett for tbe price of a dray. Judgment for plaintiff and defendant appeals. A purchaser of goods with warranty as to quality expressed or implied, may recover for breach of tbe warranty without notice to the seller of tbe defects, and return or tender of tbe goods. —70 S. W. 615. Tbe return of tbe goods is waived where tbe failure to return was caused by tbe conduct of tbe seller in requesting tbe buyer to retain tbe goods for further trial, or by promise to remedy…
1Opinion of the Court
de GRAFFENRIED, J.
In this case the bill of exceptions contains the following: “After some time had been devoted to the settlement of pleadings, and while the pleadings still remain unsettled, the court required the plaintiff and defendant to go to trial on the plaintiff’s complaint and the defendant’s plea of the general issue, Avith leave to give in evidence any matters of defense, special or otherwise, if a good defense to plaintiff’s cause of action, the same as if specially and properly pleaded.”
No exception appears to have been reserved by any of the parties to the above ruling of the…
2Cases cited3 opinions
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Patterson v. NealSupreme Court of Alabama · 1902
- Converse Bridge Co. v. CollinsSupreme Court of Alabama · 1898
3Cited by5 opinions
- Allen v. Standard Ins.Supreme Court of Alabama · 1916
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- New York Life Ins. Co. v. SinquefieldSupreme Court of Alabama · 1935
- C. O. Bashaw Co. v. Wood & Stevens, Inc.California Court of Appeal · 1925
- Burrow v. LeigeberSupreme Court of Alabama · 1953