Landman, Halsey & Co. v. Bloomer, Wolf & Michael
Supreme Court of Alabama
Appeal from the Circuit Court of Madisou. Tried before the Hon. H. C.' Speake . This action was brought by the appellees against the appellants, to recover the price of certain hams sold to the defendants on July 31st, 1889. The defendants pleaded that they did not owe the amount due, and by special pleas of set off offered to set off against the claims of the plaintiffs a claim they, the defendants, had against the plaintiffs for a certain quantity of hams which they had…
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Appeal from the Circuit Court of Madisou. Tried before the Hon. H. C.' Speake . This action was brought by the appellees against the appellants, to recover the price of certain hams sold to the defendants on July 31st, 1889. The defendants pleaded that they did not owe the amount due, and by special pleas of set off offered to set off against the claims of the plaintiffs a claim they, the defendants, had against the plaintiffs for a certain quantity of hams which they had bought from them and which were spoiled, and for which they paid two hundred dollars. The facts of the case are…
1Opinion of the CourtBkeckell, C. J.
Appellants, who were jobbers in meats at Huntsville, Ala., purchased, by telegram, from appellees, wholesale merchants and dealers in meats at Quincy, Illinois, 5,000 pounds of hams at 11 1-2 cents *316per pound. About forty days after the receipt' of-^the hams, and ten days after they had paid for them, appellants. discovered that a large number of the hams, aggregating in value $200 at the invoiced price, were spoiled, and offered to return them to appellees, which offer being refused, and the damaged hams being valueless, they were thrown away. • The loss to appellants thus incurred they…
2Cases cited1 opinion
- Krebs Manufacturing Co. v. BrownSupreme Court of Alabama · 1895
3Cited by4 opinions
- Winston Industries, Inc. v. Stuyvesant Ins. Co., Inc.Court of Civil Appeals of Alabama · 1975
- Van Antwerp-Aldridge Drug Co. v. SchwarzSupreme Court of Alabama · 1955
- Alabama Securities Co. v. DeweySupreme Court of Alabama · 1908
- Winston Industries, Inc. v. Stuyvesant Ins. Co., Inc.Court of Civil Appeals of Alabama · 1975