Foley v. Felrath
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before the Hon. J. T. Jones. 1. The mailing of Foley’s assent to Eelratli’s letter reconsidering and agreeing to accept the goods on condition named, constituted a complete purchase, and the goods became Eelrath’s, and were at his risk. — Magee v. Billingslea, 3 Ala. 679; Leonard v. Davis, 1 Black. 476-483; Tome v. DuBois, 6 Wall. 548-554; Cleveland v. Williams, 94 Am.
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Appeal from Mobile Circuit Court. Tried before the Hon. J. T. Jones. 1. The mailing of Foley’s assent to Eelratli’s letter reconsidering and agreeing to accept the goods on condition named, constituted a complete purchase, and the goods became Eelrath’s, and were at his risk. — Magee v. Billingslea, 3 Ala. 679; Leonard v. Davis, 1 Black. 476-483; Tome v. DuBois, 6 Wall. 548-554; Cleveland v. Williams, 94 Am. Dec. 274. The goods were forwarded at Eelrath’s request, so that possession as well as title was in him.' — Allen v. Agee, 3 Am. St. 206; 52 Ala. 252; 71 Am. Dec. 409; 12 Ala. 520. 2. The…
1Opinion of the CourtHaralson, J.
Foley sued Felrath for $502.56, for merchandise, goods and chattels sold by him to said Fel-rath on the 1st of August, 1892; and on open account, and on account stated for like amounts.
It was claimed by the plaintiff, and he so testified, that •he was a manufacturer of gold pens in New York city; that on the 8th March, 1892, he was in Mobile, Alabama, and while there was in the store of defendant, and sold him a bill of goods, in his line, for $502.56; that the goods were, accordingly shipped to the defendant by plaintiff, by the Adams Express Company, for which said Company gave him a…
2Cases cited12 opinions
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Mobile Savings Bank v. FrySupreme Court of Alabama · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Cook & Laurie Contracting Co. v. BellSupreme Court of Alabama · 1912
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
- Pine Belt Lumber Co. v. RiggsSupreme Court of Oklahoma · 1920
18 more not listed; retrieve them via the Exa API.