Robinson v. Hirschfelder
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. P. O. HARPER. Young S. Hirschfelder commenced an action of detinue in the Circuit Court of Escambia county, against A. J. Robinson, to recover one hundred sticks of hewn timber. The defendant pleaded the general issue. The plaintiff introduced as evidence a written agreement made on the 27th day of July, 1871, with one J. Q,. Hammons.
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Appeal from the Circuit Court of Escambia. Tried before the Hon. P. O. HARPER. Young S. Hirschfelder commenced an action of detinue in the Circuit Court of Escambia county, against A. J. Robinson, to recover one hundred sticks of hewn timber. The defendant pleaded the general issue. The plaintiff introduced as evidence a written agreement made on the 27th day of July, 1871, with one J. Q,. Hammons. In it the said Hammons contracted to deliver to the plaintiff, at Ferry Pass, near Milton, Florida, on or 'before the 15th. day of November, 1871, “ one hundred sticks of hewn, square timber, to…
1Opinion of the Court
STONE, J.—
Things not in esse, actual or potential, can not be the subject of sale. They may be the subject of an agreement to sell. “Things not yet existing, which may be-sold, are those which are said to have a potential existence, that is, things which are the natural product or expected increase of something already belonging to the vendor.” The crop of hay to be grown on his field, the wool to be afterwards clipped from sheep owned at the time, have a potential existence, and may be sold. But a crop to be grown on lands, or wool to be clipped from sheep after-wards to be acquired, have…
2Cases cited6 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Abraham v. CarterSupreme Court of Alabama · 1875
- Kelley v. UptonThe Superior Court of New York City · 1856
- Batre v. SimpsonSupreme Court of Alabama · 1842
- Caraway v. WallaceSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thomas v. RamseyMissouri Court of Appeals · 1891
- Neponsit Holding Corp. v. AnsorgeAppellate Division of the Supreme Court of the State of New York · 1926
- Gann v. Long & SonAlabama Court of Appeals · 1911
- Hamil v. FlowersSupreme Court of Alabama · 1913
- R. F. Darrah Lumber Co. v. McGowin Lumber Co.Alabama Court of Appeals · 1919
1 more not listed; retrieve them via the Exa API.