Cocke v. Campbell & Smith
Supreme Court of Alabama
Error to .the Circuit Court of Perry. Before the Hon. G. Goldthwaite. David Campbell declared in assumpsit against the plaintiff in error, on several promissory notes. The defendants •pleaded non-assumpsit, failure of consideration, and fraud.
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Error to .the Circuit Court of Perry. Before the Hon. G. Goldthwaite. David Campbell declared in assumpsit against the plaintiff in error, on several promissory notes. The defendants •pleaded non-assumpsit, failure of consideration, and fraud. On the trial, it appeared, that the notes sued on, were given by the defendants, to the plaintiff, in the purchase of a negro, •in 1840. The price agreed to be paid was $900; $500 was paid in cash, and the notes sued on were given for the residue. The negro was sold to the defendants by Alexander Campbell, the agent of the plaintiff. The bill of sale…
1Opinion of the CourtDargan, J.
It is true, that an agent cannot bind his principal by deed, unless he have authority under seal; but if an agent be authorized to sell a chattel, which he may do by parol, or by writing not under seal, and the agent sell the chattel, and execute a conveyance under seal, and the principal receives the purchase money, in whom is the title to the chattel vested? Suppose the principal could cancel the' contract, because it is under seal, yet he does not choose' to' do it — I ask, if the title is not perfect in the vendee ? If so,by what right does the vendee bold ? The answer is, by his…
2Cases cited2 opinions
- Skinner v. GunnSupreme Court of Alabama · 1839
- Gaines v. McKinleySupreme Court of Alabama · 1840
3Cited by7 opinions
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- Ledbetter v. WalkenSupreme Court of Alabama · 1857
- Ala. Great Southern Railroad v. HillSupreme Court of Alabama · 1884
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Morrow v. HigginsSupreme Court of Alabama · 1856
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