Adams Hardware Co. v. Wimbish
Supreme Court of Alabama
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Suit by the Adams Hardware Company against H. A. Wimbish. Verdict and judgment for defendant, and plaintiff appeals. Transferred from the Court of Appeals under Act April 18, 1911, p. 449, § 6.
1Opinion of the CourtThomas, J.
This suit was based on a promissory note made by the defendant for the purchase price of a light plant. Defendant interposed special pleas of breach of warranty, to which plaintiff replied that:
“The contract with the defendant is in writing. and the warranty in said written contract is the only warranty as to said lighting plant that was made by the plaintiffs, or by any person authorized to bind the pláintiffs.”
There was verdict and judgment tor the defendant.
[1] The plaintiff introduced in evidence the defendant’s note, and rested. This note did not contain the written warranty the subject…
2Cases cited18 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Bates v. MorrisSupreme Court of Alabama · 1893
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Rutledge v. RowlandSupreme Court of Alabama · 1909
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Housing Authority v. Decatur Land Co.Supreme Court of Alabama · 1953
- Moulton v. StateAlabama Court of Appeals · 1923
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Clark v. StateSupreme Court of Alabama · 1928
- Bush v. StateAlabama Court of Appeals · 1923
9 more not listed; retrieve them via the Exa API.