Saibara v. Yokohama Nursery Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Suit between S. Saibara and the Yokohama Nursery Company. .From a judgment in part for plaintiff failing to give defendant judgment over on plea of recoupment or set-off, defendant appeals.
1Opinion of the CourtAnderson, C. J.
This suit is upon two promissory notes, one for $1,426.35 for the purchase price of satsuma orange trees, and one for $1,167.85 for the purchase price of “trifoliata.” The trial court found for the plaintiff upon the first note holding, in effect, that the satsuma trees came up'to the contract, and that there was no breach of warranty or failure of consideration as to the sale of samé. The trial court, however, rendered judgment for the defendant upon the other note upon the evident theory that the said “trifoliata” was diseased at the time of sale, and was of no value, or else there was a…
2Cases cited4 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Dill v. O'FerrellIndiana Supreme Court · 1880
- Otto v. BramanMichigan Supreme Court · 1905
3Cited by3 opinions
- Darrow v. DarrowSupreme Court of Alabama · 1918
- McSwean v. McSweanSupreme Court of Alabama · 1920
- Winston v. MorrisetteSupreme Court of Alabama · 1919