Espalla v. Richard & Sons
Supreme Court of Alabama
Appeal from the City Court of Mobile. ■ Tried before the Hon. O. J. Sembles. This action was brought by S. Richard & Sons, suing as partners, against Joseph Espalla, as the administrator of the estate of Mrs. Julia Ryan, deceased; was founded on an account for goods §old and delivered, amounting to $587.37, and was commenced on the 21st February, 1890. The complaint contained two counts, one for goods sold and delivered, and the other on an account stated; and four pleas…
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Appeal from the City Court of Mobile. ■ Tried before the Hon. O. J. Sembles. This action was brought by S. Richard & Sons, suing as partners, against Joseph Espalla, as the administrator of the estate of Mrs. Julia Ryan, deceased; was founded on an account for goods §old and delivered, amounting to $587.37, and was commenced on the 21st February, 1890. The complaint contained two counts, one for goods sold and delivered, and the other on an account stated; and four pleas were interposed to each count, on which issue was joined without objection. One of the pleas to each count -was “not…
1Opinion of the CourtWalker, J.
— The suit is on an account for goods which the plaintiffs claimed were sold by them to Mrs. Julia Ryan, deceased, the intestate of the defendant. The defendant contended that his intestate had not purchased or ordered the goods, and did not become responsible for the price thereof. There was evidence tending to show that Mrs. Ryan came to plaintiffs’ place of business, and stated to a member of the firm that she was going to put her son, James Ryan, in her store, to run it and take charge of it for her, and requested plaintiffs to let him have whatever goods he wanted, as it was her…
2Cases cited19 opinions
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Pool v. DeversSupreme Court of Alabama · 1857
- Hart v. KendallSupreme Court of Alabama · 1886
- Worsham v. GoarSupreme Court of Alabama · 1837
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Rademaker v. E. D. Flynn Export Co.Court of Appeals for the Fifth Circuit · 1927
- Alabama Clay Products Co. v. MathewsSupreme Court of Alabama · 1930
- Johnston v. JohnstonSupreme Court of Alabama · 1912
17 more not listed; retrieve them via the Exa API.