Williams v. Cannon
Supreme Court of Alabama
Writ of Error to the Couni y Court of Wilcox. This is an action of assumpsit, at the suit of the plaintiff in error, on a promissory note made by the defendant on the 29th November, 1842, for the payment of eighty-five dollars, to the plaintiff, on the 1st of March thereafter. The cause was tried upon issues on the following pleas, viz: 1. Nonassumpsit. 2. Payment. 3. Setoff. 4. Fraud. 5. Want, of consideration. 6. Failure of consideration.
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Writ of Error to the Couni y Court of Wilcox. This is an action of assumpsit, at the suit of the plaintiff in error, on a promissory note made by the defendant on the 29th November, 1842, for the payment of eighty-five dollars, to the plaintiff, on the 1st of March thereafter. The cause was tried upon issues on the following pleas, viz: 1. Nonassumpsit. 2. Payment. 3. Setoff. 4. Fraud. 5. Want, of consideration. 6. Failure of consideration. A verdict was returned for the defendant and judgment was rendered accordingly. A bill of exceptions was sealed at the instance of the plaintiff ; from…
1Opinion of the CourtCollier, C. J.
In Ricks v. Dillahunty, 8 Porter’s R. 134, we said, that no particular form of expression was necessary to constitute a warranty. “ It will, in general, depend upon the meaning of the terms, and the sense in which *350they were used, or understood, by the parties, whether they amount to a warranty, or are to be understood as a representation of the seller’s opinion. Accordingly, where the vend- or said of a colt he was about selling, “ there is nothing the matter with the colt — it is well and sound, and will make a fine horseit was submitted to the jury to say, whether there was a warranty, or…
2Cited by5 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Sledge v. ScottSupreme Court of Alabama · 1876
- Farley, Spear & Co. v. WhiteheadSupreme Court of Alabama · 1879
- Knight's Administrators v. VardemanSupreme Court of Alabama · 1854
- Battles v. WhitleyAlabama Court of Appeals · 1919