Brown & Co. v. Adair & McCarty Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. N. D. Denson. The facts of the case are sufficiently stated in the opinion. 1. The contract of sale involved in this case was not completed until the fertilizer was delivered to Brown & Co. at Kellyton, Alabama, and all freight charges paid thereon. — Pilgreen v. State, 71 Ala. 368 ; 21 Amer. & Eng. Encyc. of Law, 528, 530 ; Devine v. Edwards, 101 Ill. 138; Userry v. Nichols Manfg.
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Appeal from the Circuit Court of Coosa. Tried before the Hon. N. D. Denson. The facts of the case are sufficiently stated in the opinion. 1. The contract of sale involved in this case was not completed until the fertilizer was delivered to Brown & Co. at Kellyton, Alabama, and all freight charges paid thereon. — Pilgreen v. State, 71 Ala. 368 ; 21 Amer. & Eng. Encyc. of Law, 528, 530 ; Devine v. Edwards, 101 Ill. 138; Userry v. Nichols Manfg. Co., 11 N. Y. 2. The sale of the guano not being complete until the goods arrived at Kellyton F. O. B. the cars, the fact that the tags were attached in…
1Opinion of the CourtMcCLELLAN, J.
This action.is prosecuted by Adair & McCarty Bros., a partnership, against J. A. Brown & Co. on two writings executed and sealed by Brown & Co., wherein they promised to pay the plaintiffs the sums claimed in the complaint. The sole defense" was that the consideration of these writings was commercial fertilizer sold by plaintiffs to defendants since the passage of the act of February 17, 1885 — Code, §§ 129-155 ; that the sale and delivery thereof were made in this State and that the packages in which the commodity was sold and delivered were not tagged as required by section 141 of the Code.…
2Cases cited3 opinions
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
- Clark's Cove Guano Co. v. DowlingSupreme Court of Alabama · 1887
- Merriman & Co. v. KnoxSupreme Court of Alabama · 1892
3Cited by10 opinions
- Walls v. Decatur Fertilizer Co.Supreme Court of Alabama · 1926
- Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915
- Ala. Nat. Bank v. Parker & Co.Supreme Court of Alabama · 1906
- McPhillips Mfg. Co. v. CurrySupreme Court of Alabama · 1941
- Kirby v. Huntsville Fertilizer & Milling Co.Supreme Court of Alabama · 1894
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