Consolidated Motor Co. of Alabama v. Malik
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; K. Y. Evans, Judge. Action by the Consolidated Motor Company of Alabama against Maggie Malik, on a sale’s contract. From a judgment for the plaintiff, but without finding a waiver of exemption against the defendant, the plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; K. Y. Evans, Judge. Action by the Consolidated Motor Company of Alabama against Maggie Malik, on a sale’s contract. From a judgment for the plaintiff, but without finding a waiver of exemption against the defendant, the plaintiff appeals. Court erred in failing to find that defendant had ratified the contract made by her agent, and also, in failing to find that the agent had parol authority to waive the exemption of personal property for his principal. 126 Ala. 496, 28 South. 199; 110 Ala. 342, 20 South. 114. Where a principal accepts the benefits…
1Opinion of the CourtThomas, J.
The action was upon a written contract, for the purchase price of a motorcar, payable in installments. The count on which the trial.was had averred that defendant expressly waived her right to claim exemptions. Defendant pleaded the general issue and non est factum.
[1] Under the provisions of section 5360 of the Code of 1907, defendant' filed a written request for a special finding of the facts. The minute entry showp a judgment in favor of plaintiff against defendant for the-amount claimed, and contains no clause as to a waiver of exemption. A special finding of facts is contained in the…
2Cases cited15 opinions
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
- Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
- Goldsmith v. GatesSupreme Court of Alabama · 1921
- Chandler & Jones v. CrosslandSupreme Court of Alabama · 1899
- Jones v. HinesSupreme Court of Alabama · 1920
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3Cited by4 opinions
- Shows v. JacksonSupreme Court of Alabama · 1926
- Bogacki v. City of MontgomerySupreme Court of Alabama · 1924
- Capital Cab Co. v. Montgomery FairAlabama Court of Appeals · 1925
- Hollimon v. McGregorSupreme Court of Alabama · 1932