Frith & Co. v. Hollan
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action of assumpsit, brought by the appellants, Frith & Co1., against the appellee, Gr. W. Hol•lan, to recover the balance due upon the purchase price of onions,' which had been sold by the plaintiffs to the defendant.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This was an action of assumpsit, brought by the appellants, Frith & Co1., against the appellee, Gr. W. Hol•lan, to recover the balance due upon the purchase price of onions,' which had been sold by the plaintiffs to the defendant. On the trial of the cause, the evidence for the plaintiffs tended to show that the defendant had bought twenty-five barrels of onion sets from the plaintiffs; that he paid for them except a balance for which the- suit was brought. The evidence for the defendant tended to show that when the…
1Opinion of the CourtTyson, J.
This action was brought to recover the balance claimed to be due on the purchase price of onion sets sold by plaintiffs to defendant. The sale of the sets was at Troy, Ala., to the defendant as a merchant and by description. When delivered they were in bad condition, much of them being unmerchantable. In such case there is an implied warranty, that the sets delivered shall not only answer the description, but that they shall be salable or merchantable. — Gachet v. Warren, 72 Ala. 292; 15 Am. & Eng. Ency. Law, (2d ed.), 1229. The defendant upon discovery of the condition of the sets had the…
2Cases cited4 opinions
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Gachet v. WarrenSupreme Court of Alabama · 1882
3Cited by16 opinions
- Tiger Motor Co. v. McMurtrySupreme Court of Alabama · 1969
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Baer & Co. v. Mobile Cooperage & Box Mfg. Co.Supreme Court of Alabama · 1909
- Troy Grocery Co. v. Potter & WrightingtonSupreme Court of Alabama · 1903
- Grissom v. J. B. Colt & Co.Supreme Court of Alabama · 1928
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