Francis--Chenoweth Hardware Co. v. Gray
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The appellant sued out an attachment and caused it to be levied on a stock of goods as the property of defendants in attachment, Payne Bros.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The appellant sued out an attachment and caused it to be levied on a stock of goods as the property of defendants in attachment, Payne Bros. William Gray interposed a claim to them under the statute, and the trial below was between the plaintiff in attachment and the claimant, on issue joined on the allegation of the plaintiff, that the goods levied on were the property, of the defendants in attachment. The evidence showed, without conflict, that Payne Bros., the owners of the stock of goods, were indebted to the…
1Opinion of the CourtHaralson, J.
The rule is too well settled, to require further discussion, that the title to personal property may and will pass to a vendee, without fixing an absolute price, if the circumstances attending the transaction satisfactorily show that such was the intention of the contracting parties. And, if the articles sold, were to be afterwards weighed or measured, so as to adjust and fix accurately the price to be paid, and it is clear from the terms of the contract, that the parties intended that the sale .should be complete before the weighing or measuring should take place, the title to the property…
2Cases cited5 opinions
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Foley v. FelrathSupreme Court of Alabama · 1893
- Wilkinson v. WilliamsonSupreme Court of Alabama · 1884
- Greene v. LewisSupreme Court of Alabama · 1887
3Cited by5 opinions
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- Loval v. WolfSupreme Court of Alabama · 1912
- Memphis Furniture Mfg. Co. v. Wemyss Furniture Co.Court of Appeals for the Sixth Circuit · 1924
- Gockstetter v. WilliamsCourt of Appeals for the Ninth Circuit · 1925
- Cox Hat Co. v. AdamsAlabama Court of Appeals · 1915