Childress v. Smith-Echols-Burnett Hdw. Co.
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action in assumpsit by the Smith-Echols-Burnett Hardware Company against Mrs. Nellie A. Childress. Judgment for plaintiff, and defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action in assumpsit by the Smith-Echols-Burnett Hardware Company against Mrs. Nellie A. Childress. Judgment for plaintiff, and defendant appeals. The subject-matter of the suit was the price of three cabinet mantels, placed in a house built for appellant by one Keown under a contract to furnish materials and labor and construct the house at and for the sum of $750. It does not appear from the record whether the mantels were included in the specification to which the contract of building referred or not. The testimony for the…
1Opinion of the CourtDenson, J.
This action was brought on an account for goods, wares, and merchandise alleged to have been sold and delivered by plaintiff to the defendant. The proof shows that the goods consisted of three cabinet mantles, that they were purchased by one Keown, and delivered to him for the defendant. There is ample testimony in the record tending to show that defendant authorized Keown to purchase the mantels on her account; and for this reason the evidence showing that statements of the account were delivered to defendant, and that she received them through the United States mail and kept them, without…
2Cases cited1 opinion
- Rice v. Schloss & KahnSupreme Court of Alabama · 1890
3Cited by1 opinion
- Cerchio v. MullinsSuperior Court of Delaware · 1922