Finney v. Studebaker Corp. of America
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. R. C. Brickell. Action by the Studebaker Corporation of America against D. C. Finney. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals.
1Opinion of the CourtAnderson, C. J.
(1, 2) It can scarcely be contended that it was not the 'understanding between all parties concerned that the three automobiles were to be shipped C. O. D.; that is, the bill of lading was to be attached to draft for purchase price, and was to be delivered to the consignee upon payment of the draft. It is also in effect admitted that in drawing the draft the plaintiff omitted from the same, by mistake, the price of one of the machines covered by the bill of lading, being the particular machine sold through the Athens agency to Gladish, and there is little or no doubt but what the appellant,…
2Cases cited6 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Thompson v. CollierSupreme Court of Alabama · 1911
- Moody v. WalkerSupreme Court of Alabama · 1889
- Mobile & Montgomery Railway Co. v. FelrathSupreme Court of Alabama · 1880
- Steiner Bros. v. ClisbySupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Hubbard Bros. Construction v. C. F. Halstead Contractor, Inc.Supreme Court of Alabama · 1975
- Christie v. DurdenSupreme Court of Alabama · 1921
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
62 more not listed; retrieve them via the Exa API.