Barbour Plumbing, Heating & Electric Co. v. Ewing
Alabama Court of Appeals
Appeal from Circuit Oourt, Jefferson County ; E. G. Crow, Judge. Action by I. O. Ewing against the Barbour Plumbing, Heating & Electric Company. From judgment for plaintiff, defendant appeals. This is an action for damages, brought by the appellee against the appellant, for a trespass to realty, and for conversion. From a judgment in favor of plaintiff, the defendant appeals.
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Appeal from Circuit Oourt, Jefferson County ; E. G. Crow, Judge. Action by I. O. Ewing against the Barbour Plumbing, Heating & Electric Company. From judgment for plaintiff, defendant appeals. This is an action for damages, brought by the appellee against the appellant, for a trespass to realty, and for conversion. From a judgment in favor of plaintiff, the defendant appeals. The facts necessary -to a decision of the questions involved are as follows: Prior to the acts complained of and set out in the complaint, the appellee had become the owner of two mortgages executed by one Gnassi and…
1Opinion of the CourtSamford, J.
[1-3] The insistence of the appellant is that it had the right to remove the articles which it did remove, by reason of the agreement had with Dr. Gnassi, the owner, who was at that time in possession, that the title should remain in appellant until the amount due on the heating plant was paid. This contract was oral, but, being made with reference to personal property, was not offensive to the statute of frauds, and as between Dr. Gnassi and the defendant was valid and binding. Broaddus et al. v. Smith, 121 Ala. 337, 338, 26 South. 34, 77 Am. St. Rep. 61; Harris v. Powers, 57 Ala. 139;…
2Cases cited8 opinions
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Foster v. MabeSupreme Court of Alabama · 1842
- Williams v. Spragins, Buck & Co.Supreme Court of Alabama · 1893
- Harris v. PowersSupreme Court of Alabama · 1876
- Montgomery Iron Works v. SmithSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Powell v. BinghamAlabama Court of Appeals · 1940
- Royal Ins. Co. v. StoryAlabama Court of Appeals · 1949
- Farmers & Merchants Bank v. SawyerAlabama Court of Appeals · 1935
- Gulf, M. & N. R. Co. v. FowlerAlabama Court of Appeals · 1922
3 more not listed; retrieve them via the Exa API.