Abraham Bros. v. Means
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by Noah Means against Abraham Bros. Judgment for plaintiff, and defendant appeals. This action was begun in the lower court and as originally filed contained two counts: one for deceit and one for a breach of warranty in the sale of a mule.
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Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by Noah Means against Abraham Bros. Judgment for plaintiff, and defendant appeals. This action was begun in the lower court and as originally filed contained two counts: one for deceit and one for a breach of warranty in the sale of a mule. The lecond count was in the following words: “Plaintiff claims of the defendant $300 damages for a breach of warranty in the sale of a mule by them to the plaintiff on, to wit, the 1st day of March, 1013, which the defendant warranted to be sound, when in fact said mule was not…
1Opinion
On Rehearing.
[6] At the request of the appellee, the statement of facts is extended so as to include the following:
“The plaintiff testified that the mule was no account after he got sick, and that he delivered him to Abraham and never got anything for him.”
The case of Tombigbee Valley R. Co. v. Still, 6 Ala. App. 472, 60 South. 546, is a different case from the case at bar. In that case, the court said:
“The evidence afforded a clear inference from which the jury could find that the extent of the injury suffered, and for which the defendant [plaintiff] had a right to recover, was the value of…
2Cases cited1 opinion
- Tombigbee Valley Railroad v. StillAlabama Court of Appeals · 1912