National Chemical Co. v. National Aniline & Chem. Co.
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by the National Aniline & Chemical Company against the National Chemical Company and others, a partnership. From' a judgment for plaintiff, defendants appeal. The action was on the common counts for goods sold and delivered.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by the National Aniline & Chemical Company against the National Chemical Company and others, a partnership. From' a judgment for plaintiff, defendants appeal. The action was on the common counts for goods sold and delivered. The pleas were the general issue, and certain special pleas, setting up that the defendants, prior to June 20, 1907, were engaged in the business of manufacturing medicine and various medical remedies, and have been engaged in manufacturing a medicine known as “Dr. Odell’s Liver Medicine,” and that…
1Opinion of the CourtPelham, J.
The appellee wrote to the appellants on June 20, 1907, offering to sell them a quantity of ground senna, “quality equal to lot shipped and invoiced on April 11th, * * * f. o. b. New York.” The letter was written from appellee’s place of business in New York City to appellants in Birmingham, Ala., where they were engaged in putting up medicines. On June 27, 1907, appellants, by letter written from their office in Birmingham, replied to this offer to sell and ordered the goods, about 1,000 pounds of senna leaves, under the terms and conditions offered in appellee’s letter of June 20th, “if…
2Cases cited5 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Marlowe v. RogersSupreme Court of Alabama · 1893
- McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1907
3Cited by1 opinion
- Way v. Kirkpatrick Lumber & Timber Co.Alabama Court of Appeals · 1925