Eason Drug Co. v. Montgomery Showcase Co.
Supreme Court of Alabama
Appeal from Dale Circuit Court. Heard before Hon. M. Sollie. Assumpsit by the Montgomery Showcase Company against the Eason Drug Company. Prom a judgment for plaintiff, defendant appeals. The complaint sufficiently appears from the opinion. The following are the pleas: (1) The general issue.
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Appeal from Dale Circuit Court. Heard before Hon. M. Sollie. Assumpsit by the Montgomery Showcase Company against the Eason Drug Company. Prom a judgment for plaintiff, defendant appeals. The complaint sufficiently appears from the opinion. The following are the pleas: (1) The general issue. (2) Plaintiff, being a manufacturer of furniture, did agree to make and did bargain to defendants the following furniture, to wit, one tobacco wall case, to be.of design No. 1804, according to one of plaintiff’s catalogues, which was then and there exhibited to defendant, and one bookcase like drawing…
1Opinion of the Court
de GRAFFENRIED, J. —
This litigation arose out of a sale by the Montgomery Showcase Company of a showcase to the Eason Drug Company. The showcase was manufactured by the Montgomery Showcase Company for the Eason Drug Company, and was shipped by the showcase company to the Eason Drug Company, at Ozark, Ala. The terms of sale were cash, and when the case was shipped the showcase company drew on the *457Eason Drug Company for the purchase price. Attached to the draft was the bill of lading which had been issued by the railroad company to the showcase company. Of course, in order to get the possession…
2Cases cited1 opinion
- Abraham Bros. v. BrowderSupreme Court of Alabama · 1896
3Cited by5 opinions
- Ten Broeck Tyre Co. v. Rubber Trading Co.Court of Appeals of Kentucky · 1919
- National Supply Co. v. Southern Creamery Co.Supreme Court of Alabama · 1932
- Taylor v. P. B. Yates Machine Co.Supreme Court of Alabama · 1922
- Alabama Broom & Mattress Co. v. Nashville Broom & Supply Co.Supreme Court of Alabama · 1922
- California Prune & Apricot Growers v. Jaggers Wholesale Grocery Co.Indiana Court of Appeals · 1926