Moses v. Katzenberger & Sons
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Tried before Hon. H. 0. Speake. Tbe suit was on the common counts for the purchase-price of a horse, surry, and wheels sold by appellees, Katzenberger & Sons, to A. H. Moses, appellant.
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Appeal from Colbert Circuit Court. Tried before Hon. H. 0. Speake. Tbe suit was on the common counts for the purchase-price of a horse, surry, and wheels sold by appellees, Katzenberger & Sons, to A. H. Moses, appellant. The defendant, Moses, by his various pleas, set up false and fraudulent representations made by plaintiffs as to the age and soundness of the horse; the return, in a reasonable time, of the horse; his refusal to receive the buggy and wheels; and the entirety of the contract. The general nature of the evidence and objections thereto, and the merits and demerits respectively of…
1Opinion of the CourtSomebyille, J.
1. The affidavits, to which objection was taken by appellant, were admissible as a part of the correspondence between the parties to the suit. They were enclosed in letters written by the plaintiffs to defendant, and their contents were referred to by defendant in the rendition of his testimony on the trial. They were admissible on the same principle that a conversation between the parties would have been; which embodied the same averments — not as evidence of the facts stated in the affidavits, which could only be proved by the witnesses themselves, but as a part of the res gesta’., which in…
2Cases cited5 opinions
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Tabor v. PetersSupreme Court of Alabama · 1883
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1886
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Adams v. ThorntonSupreme Court of Alabama · 1885
3Cited by22 opinions
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Jackson Company v. FaulknerCourt of Civil Appeals of Alabama · 1975
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Dalton v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1952
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
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