R. F. Darrah Lumber Co. v. McGowin Lumber Co.
Alabama Court of Appeals
Appeal from Circuit Court, Covington County; A. B. Poster, Judge. Action by the R. F. Darrah Dumber Company against the McGowin Lumber Company in detinue, trover, and the common count. Judgment for defendant and plaintiff appeals. Action by plaintiff to recover the value of a carload of lumber. From a judgment for ■defendant, plaintiff appeals.
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Appeal from Circuit Court, Covington County; A. B. Poster, Judge. Action by the R. F. Darrah Dumber Company against the McGowin Lumber Company in detinue, trover, and the common count. Judgment for defendant and plaintiff appeals. Action by plaintiff to recover the value of a carload of lumber. From a judgment for ■defendant, plaintiff appeals. The plaintiff, who lived in Mississippi, contracted with one Grace, of Graceville, Fla., by correspondence, for the purchase of one carload of lumber of certain dimensions, ship-lapped and dressed on two sides, to be delivered to the plaintiff f. o. b.…
1Opinion of the CourtSamford, J.
The facts of this case present a clear case of conversion. The judge trying the case without a jury evidently proceeded upon the theory that no title to the lumber passed to the plaintiff, and therefore the plaintiff was without right of action against the defendant.
[1] If the contract of purchase had remained as originally made, the title to the lumber would not have passed to the plaintiff until it had been manufactured in accordance with the agreed specifications and delivered f. o. b. Lackawanna, N. Y. But the parties to the original agreement changed or modified the contract oí purchase,…
2Cases cited7 opinions
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Robinson v. HirschfelderSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Farmers' Exchange Bank v. Greil Bros. Co.Alabama Court of Appeals · 1919