Claghorn v. Lingo
Supreme Court of Alabama
Aureal from Henry Circuit Court. Tried before Hon. Henry D. Clayton. The appellant, Rufus S. Claghorn, as the assignee of Boit & Co., brought this action against the appellee, Richard B. Lingo, to recover damages for a breach of the following agreement; “ On or before the 1st of November next, I, Richard B. Lingo, the subscriber, of the county of Henry, State of Alabama, promise to pay Boit & McKenzie or order, four hundred pounds of lint cotton, to class low middlings,…
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Aureal from Henry Circuit Court. Tried before Hon. Henry D. Clayton. The appellant, Rufus S. Claghorn, as the assignee of Boit & Co., brought this action against the appellee, Richard B. Lingo, to recover damages for a breach of the following agreement; “ On or before the 1st of November next, I, Richard B. Lingo, the subscriber, of the county of Henry, State of Alabama, promise to pay Boit & McKenzie or order, four hundred pounds of lint cotton, to class low middlings, ginned and neatly packed, and delivered to them or their agent at Et. Gaines, Ga., or sixty dollars in currency, as I may…
1Opinion of the CourtManning, J.
We do not think there was any error in permitting testimony on behalf of defendant of the manner and effect of his using in the cultivation of his crops the article in controversy, represented to be sea fowl guano. This *233testimony seemed relevant to the inquiry whether or not the commodity sold to him was the article he had ordered or a . different one.
The first charge asked on behalf of plaintiff and refused by the court, was written in terms which might have misled the jury. In view of the character of the controversy, they might have supposed that if defendant did not “ ash for a warranty,”…
2Cited by7 opinions
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Sealy v. McElroySupreme Court of Alabama · 1972
- Phœnix Insurance v. CopelandSupreme Court of Alabama · 1888
- Foley v. FelrathSupreme Court of Alabama · 1893
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
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