Sulser v. Sayre
Alabama Court of Appeals
Appeal from Blount Circuit Court. Heard before Hon. J. T. Stoklby, Special Judge. Action by Janies Sayre against C. C. Sulser. From a judgment for plaintiff, defendant appeals. Counts 1 and 2 were in the statutory form for deceit in the sale of a mule. Count 3 was in breach of warranty of contract for sale of a mule.
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Appeal from Blount Circuit Court. Heard before Hon. J. T. Stoklby, Special Judge. Action by Janies Sayre against C. C. Sulser. From a judgment for plaintiff, defendant appeals. Counts 1 and 2 were in the statutory form for deceit in the sale of a mule. Count 3 was in breach of warranty of contract for sale of a mule. The bill of exceptions showed that the defendant moved the court for the affirmative charge in favor of the defendant on counts 1, 2 and 3, and that the court overruled the motion as to counts 1 and 2. and granted the same as to count 3. The record also shows: “The court charges…
1Opinion of the CourtWalker, P. J.
It is not- made to appear that there was any abuse by the court of its discretion in permitting the jury to repair to an adjacent lot for the purpose of inspecting the mule in the sale of which the defendant was alleged to have practiced deceit, especially in view of the fact that ihe defendant had testified as to the condition of the mule on the day before the trial. — Jones on Evidence, § 399; 38 Cyc. 1313.
*454Following the statement that “the court charges the jury as follows” the bill of exceptions sets out four numbered paragraphs, which are supposed to embrace the whole or parts of the…
2Cases cited1 opinion
- Sims v. StateSupreme Court of Alabama · 1906
3Cited by3 opinions
- T. E. McRae v. RobbinsSupreme Court of Florida · 1942
- Russell v. BelsherSupreme Court of Alabama · 1930
- State Ex Rel. Wall v. ColemanSupreme Court of Florida · 1936