Magee v. Billingsley
Supreme Court of Alabama
Writ of error to the County Court of Mobile. THIS was an action of assumpsit, in the County Court of Mobile, by the defendant in error, against the plaintiff. The causes of action alleged in the declaration are, work and labor done, goods, wares and merchandize sold and delivered, money had and received, and an account stated. The cause was tried on the general issue. On the trial the defendant excepted to the ruling of the Court, and now assigns the same for error.
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Writ of error to the County Court of Mobile. THIS was an action of assumpsit, in the County Court of Mobile, by the defendant in error, against the plaintiff. The causes of action alleged in the declaration are, work and labor done, goods, wares and merchandize sold and delivered, money had and received, and an account stated. The cause was tried on the general issue. On the trial the defendant excepted to the ruling of the Court, and now assigns the same for error. From the bill of exceptions it appears, that evidence was adduced, showing that on the morning of the 23d April, 1846, William…
1Opinion of the CourtCollier, C. J.
It is a general rule of the common law, relative to sales of personal property, that by the mere con*690tract of sale, the property in the thing sold, passes to the purchaser, yet he has no right of possession, if the goods be not paid for and no credit were agreed upon. Therefore, he cannot take them, or sue for their non-delivery, until the price be paid, or tendered by him. 39 Law Lib. 431, note to Lickbarrow v. Mason; Chitty on Con. 4 Am. ed. .297, 350. Long on Sales 42, 2 Am. ed. Noy’s Maxims, 88 ; Sheppard’s Touchs. 225; Potter v. Coward, Meig’s Rep. 22. And such in effect, is the rule of…
2Cases cited9 opinions
- Ward v. ShawNew York Supreme Court · 1831
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Andrew v. DieterichNew York Supreme Court · 1835
- Gallagher v. WaringNew York Supreme Court · 1832
- Pleasants v. PendletonSupreme Court of Virginia · 1828
4 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- Mabry v. StateAlabama Court of Appeals · 1959
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
34 more not listed; retrieve them via the Exa API.