Herring v. Skaggs
Supreme Court of Alabama
Appeal from Talladega Circuit Court. ■ , Tried before Hon. John Henderson. The appellee, Newton J. Skaggs, brought this- action against the appellants, Herring, Farrell & Sherman,‘to recover damages for the breach of a warranty of a safe, sold by them to him. / The safe was purchased from one Stewart, as the agent of appellants.
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Appeal from Talladega Circuit Court. ■ , Tried before Hon. John Henderson. The appellee, Newton J. Skaggs, brought this- action against the appellants, Herring, Farrell & Sherman,‘to recover damages for the breach of a warranty of a safe, sold by them to him. / The safe was purchased from one Stewart, as the agent of appellants. The complaint contains three counts, the first two of which allege that the appellants, falsely and knowingly, represented to him that the safe sold was made of a peculiarly tough kind of iron, and would withstand any attempt by a burglar, armed with approved…
1Opinion of the CourtStone, J.
In Skinner v. Gunn, 9 Por. 305, speaking of the power of an agent to bind his principal, this court said : “ The power in this case is to sell and convey the negro in the name of the plaintiff, and the agent must, as an incident of that power, and in the absence of any prohibition, have the right to warrant the soundness of the slave, as that is a usual and ordinary stipulation in such contracts, and must therefore be implied to effectuate the object of the power.” The court, in the same case, had said, “ An authority to do an act, must include power to do every thing usual and necessary to…
2Cases cited15 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Wintz v. MorrisonTexas Supreme Court · 1856
- White v. . MadisonNew York Court of Appeals · 1862
- Goodman v. WalkerSupreme Court of Alabama · 1857
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- McGuff v. StateSupreme Court of Alabama · 1946
34 more not listed; retrieve them via the Exa API.