Lehman, Durr & Co. v. Van Winkle & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. On March 28, 1885, the appellees, E. VanWinkle & Co.,, contracted with Belser & Parker to manufacture and erect for tliem the complete machinery for an oil mill and cotton ginnery, to be built at a certain designated place, at and for the-price of $12,450; three thousand dollars payable on the receipt of the bill of lading, by Belser & Parker, showing the shipment of the machinery, and the…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. On March 28, 1885, the appellees, E. VanWinkle & Co.,, contracted with Belser & Parker to manufacture and erect for tliem the complete machinery for an oil mill and cotton ginnery, to be built at a certain designated place, at and for the-price of $12,450; three thousand dollars payable on the receipt of the bill of lading, by Belser & Parker, showing the shipment of the machinery, and the balance of the purchase price payable at certain dates, the last payment being on March 1, 1886. Tn pursuance of this…
1Opinion of the CourtMcOLELLAN, J.
The original contract between E. Van Winkle & Oo. and Belser & Parker did not provide for the reservation by the former of the title to the machinery supplied to the latter. Neither did it involve the extension of the times of payment thereunder beyond the period within which ■suit would have had to be instituted for the effectuation of the lien of material-men. Van Winkle & Co., therefore, so long as ■this continued to be the contract of the parties, were in a position, upon the deliveiy and erection of the machinery and the consequent accrual of their debt, to perfect their lien as…
2Cases cited4 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
- Dowdell v. Empire Furniture & Lumber Co.Supreme Court of Alabama · 1887
3Cited by29 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Register v. CarmichaelSupreme Court of Alabama · 1910
- Mollring v. MollringSupreme Court of Iowa · 1918
- Clayton v. Exchange BankCourt of Appeals for the Fifth Circuit · 1903
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