Raisin Fertilizer Co. v. J. J. Barrow, Jr. Co.
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. Action by tire Raisin Fertilizer Company against the J. J. Barrow, Jr. Company, to recover for goods sold and delivered to defendant. All the facts are sufficiently stated in the opinion.
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Appeal from Barbour Circuit Court. Tried before Hon. J. M. Carmichael. Action by tire Raisin Fertilizer Company against the J. J. Barrow, Jr. Company, to recover for goods sold and delivered to defendant. All the facts are sufficiently stated in the opinion. The plaintiff requested the court to give the following written charges, and separately excepted to the court’s refusal to give each of them as asked: (1.) “If the plaintiff made every effort to deliver the guano and then failed to do so, defendant can recover no damages, no matter what was the cause of the failure to deliver" the guano…
1Opinion of the CourtHead, J.
— The plaintiff, appellant here, sued the defendants, declaring in the common counts, among them the count for the goods sold and delivered. As shown by the minute entry, issue was joined on the plea of the general issue alone. Plaintiff introduced in evidence an itemized verified account, under the statute, showing defendants were indebted to it in the sum of $1,050.00, due December 1, 1888, and rested. There was no evidence relative to the issue joined as above stated, introduced by the defendant, tending to impeach the correctness of plaintiff’s account, and if the case had stopped here,…
2Cases cited1 opinion
- Garnett v. YoeSupreme Court of Alabama · 1849
3Cited by5 opinions
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Watson v. Kirby & SonsSupreme Court of Alabama · 1895
- Farmers C. O. & T. Co. v. WardSupreme Court of Alabama · 1910
- Henderson v. Holmes DawsonSupreme Court of Alabama · 1920