Legal Opinion

Landgrof v. Tanner

Supreme Court of Alabama

Decided June 13, 1907PublishedCited by 3 opinions

Assumpsit. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by W. M. Tanner against Charley Landgrof. From a judgment for plaintiff, defendant appeals. This was an action to recover $3.50, the price of a hat, commenced by appellee against appellant. The defendant pleaded the general issue. There was verdict for plaintiff, and defendant appeals.

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Assumpsit. Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by W. M. Tanner against Charley Landgrof. From a judgment for plaintiff, defendant appeals. This was an action to recover $3.50, the price of a hat, commenced by appellee against appellant. The defendant pleaded the general issue. There was verdict for plaintiff, and defendant appeals. The facts, briefly stated, are that the ivife of appellant went to the store of appellee and purchased a hat, the original price of which ivas $4, upon which she paid 50 cents, and said that her husband would pay the…

1Opinion of the CourtDenson, J.

Irrespective of the question, whether or not the article purchased by the wife was a necessary article, which, under the common law, might be purchased by the wife with a resultant liability on the husband for the payment .of the purchase price, we are of the opinion that the judgment appealed from may well be affirmed on the proposition that the husband either assented to the purchase by the wife or that he subsequently ratified it. — Gayle’s Adm’r. v. Marshall, 70 Ala. 522; Day v. Burnham, 36 Vt. 39; West v. Wheeler, 2 Car. & K. 714; Gafford v. Dunham, 111 Ala. 551, 20 South. 346; Berg v.…

2Cases cited5 opinions

  1. Bergh v. WarnerSupreme Court of Minnesota · 1891
  2. Gafford v. DunhamSupreme Court of Alabama · 1895
  3. Baker v. CarterSupreme Judicial Court of Maine · 1890
  4. Gayle's Adm'r v. MarshallSupreme Court of Alabama · 1881
  5. Day v. BurnhamSupreme Court of Vermont · 1863

3Cited by3 opinions

  1. McMillan v. FabrettaSupreme Court of Alabama · 1935
  2. Sinclair v. TaylorAlabama Court of Appeals · 1937
  3. Anderson v. W. T. Grant CompanyAlabama Court of Appeals · 1969

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