Batre v. Simpson
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Mobile. This was an action of assumpsit by the defendant in error against the plaintiff, to recover the price of cotton sold and delivered. The cause was tried on the general issue.
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Wkit of Error to the Circuit Court of Mobile. This was an action of assumpsit by the defendant in error against the plaintiff, to recover the price of cotton sold and delivered. The cause was tried on the general issue. On the trial it was proved that one Gary,a cotton broker of Mobile was employed by the defendant to purchase cotton for him, and on Saturday, the 31st March, 1838, applied to the plaintiff, a cotton factor of that city, to purchase of him the cotton in question. The plaintiff exhibited samples of the cotton he had on hand, and Gary agreed to take ninety bales — for the price…
1Opinion of the CourtCollier, C. J.
The recital of the evidence in the bill of exceptions would seem to indicate that the contract for ninety bales of cotton was entire, and that none of them were put at the purchaser’s risk until all were weighed. The charge given in answer to the third prayer of the defendant’s counsel for instructions, which asserted that only as to the cotton not weighed, did the seller’s risk continue — and the refusal to give the two following charges prayed, clearly show the opinion of the Judge to have been, that the cotton which was weighed might be at the purchaser’s risk, although the remainder might…
2Cited by8 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Elliott v. DyckeSupreme Court of Alabama · 1884
- Avery's Executors v. AverySupreme Court of Alabama · 1873
- Screws v. RoachSupreme Court of Alabama · 1853
- Jackson v. JonesSupreme Court of Arkansas · 1860
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