Allen, Bethune & Co. v. Maury & Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by J. H. Maury & Co., suing as partners, against Allen, Bethune & Co., warehousemen in the city of Montgomery, to recover damages for the alleged conversion by the defendants of nine(?) bales, of cotton, the property of plaintiffs; and was commenced on the 14th January, 1879. The facts of the case, as proved on the trial, are thus stated in the bill of exceptions: “The…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by J. H. Maury & Co., suing as partners, against Allen, Bethune & Co., warehousemen in the city of Montgomery, to recover damages for the alleged conversion by the defendants of nine(?) bales, of cotton, the property of plaintiffs; and was commenced on the 14th January, 1879. The facts of the case, as proved on the trial, are thus stated in the bill of exceptions: “The testimony tended to show that, in October, 1878, Munter & Brother, a mercantile firm doing business in the city of…
1Opinion of the CourtSomebyille, J.
A sale may properly be defined to be, “ a transfer of the absolute, or general property in a thing, for a price in money.” — Benj. on Sales, § 1. If- any thing remains to be done' by either party to the transaction, before delivery, — as, for example, to determine the price, quantity, or identity of the thing sold, — the title does not vest in the purchaser, but the contract is merely executory.—Hudson v. Weir, 29 Ala. 294.
Where, however, goods are sold and delivered, the terms of sale being specified, and the'vendee reserves the right to reject or return, the title passes, liable to be…
2Cases cited5 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Lehman, Durr & Co. v. MarshallSupreme Court of Alabama · 1872
- Hudson & Stokes v. Weir & TateSupreme Court of Alabama · 1856
- Horr v. BarkerCalifornia Supreme Court · 1857
3Cited by28 opinions
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
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