Brock v. Forbes
Supreme Court of Alabama
Appeal from tbe City Court of Anniston. Tried before tlie Hon. James W. Lapsley. This was an action of detinue brought by the appellee, E. E. Forbes, against W. J. Erode, to recover possession ■of one Ivers & Pond piano, together with the value and use thereof during the detention. The suit was instituted on November 15, 1898. The material facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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Appeal from tbe City Court of Anniston. Tried before tlie Hon. James W. Lapsley. This was an action of detinue brought by the appellee, E. E. Forbes, against W. J. Erode, to recover possession ■of one Ivers & Pond piano, together with the value and use thereof during the detention. The suit was instituted on November 15, 1898. The material facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. The trial was had upon issue joined upon the replications filed to the plea of recoupment. The defendant ■suggested, under the…
1Opinion of the CourtTyson, J.
This was an action of detinue brought by the plaintiff against the defendant to recover possession of a piano. The plaintiff’s title to the piano was that of vendor, having made a conditional sale of it to the •defendant, reserving title until the purchase money was paid.
The defendant, among other pleas, filed a special plea ■of recoupment in which he claimed $300 damages for a breach of warranty in the sale of the piano. It is alleged in said plea that in December, 1891, plaintiff sold him the piano sued for in this case, and warranted that the piano was one of the best made and that “he…
2Cases cited2 opinions
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Whitworth v. ThomasSupreme Court of Alabama · 1887
3Cited by2 opinions
- Stewart v. BurginSupreme Court of Alabama · 1929
- McKimmie v. E. E. Forbes Piano Co.Supreme Court of Alabama · 1908