Quarles v. Kendrick Mercantile Co.
Alabama Court of Appeals
Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Assumpsit by the Kendrick Mercantile Company against W. W. Quaz-les and R. R. Kimmer. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Assumpsit by the Kendrick Mercantile Company against W. W. Quaz-les and R. R. Kimmer. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear in the opinion, The following is charge 100 No. O: I charge you, gentlemen of the jury, that where two men agree that one man shall furnish the land, the mules, the farming implements, and to bear all the expenses thereof, and another man agrees to manage the place, be responsible for one-half of the expenses for the operatiozz, but that all expenses of operation shall…
1DissentBricken, J.
I cannot concur in the opinion of my Brothers, nor in the affirmance of the judgment appealed from. The action is brought against W. W. Quarles and R. R. Kimmer. The complaint contains two counts; the first seeks to recover $350 due from them by account. The second seeks a recovery upon a promissory note signed “Quarles and Kimmer, per R. R. Kimmer.”
As to the account, there was testimony tending to show that it was for goods purchased by Kimmer upon authority given him by Quarles.
As to the note, there was testimony tending to show that Quarles ratified the giving of it. by Kimmer.
The oral…
2Cases cited7 opinions
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Stafford v. SibleySupreme Court of Alabama · 1894
- Tayloe v. BushSupreme Court of Alabama · 1883
- Watson v. HamiltonSupreme Court of Alabama · 1912
- Zuber v. RobertsSupreme Court of Alabama · 1906
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