Phillips-Neely Mercantile Co. v. Banks
Alabama Court of Appeals
Appeal from City Court’ of Gadsden. Heard before Hon. John H. Disqtje. Action by the Phillips-Neely Mercantile Company against T. C. Banks, for damages for destruction of a lien. Judgment for defendant and plaintiff appeals.
Read the full summary
Appeal from City Court’ of Gadsden. Heard before Hon. John H. Disqtje. Action by the Phillips-Neely Mercantile Company against T. C. Banks, for damages for destruction of a lien. Judgment for defendant and plaintiff appeals. The benefit of the statute of frauds is not available unless specially pleaded by one having a right to set up the defense, and such contracts are voidable merely and not void, and a stranger to the contract cannot set up its invalidity.- — Marsh v. Frick, 1 Ala. App. 649; Garter v. Fisher, 127 Ala. 53'; Kling v. Tunstall, 124 Ala. 268; Strauss v. Biting, 110 Ala. 132;…
1Opinion of the CourtThomas, J.
— During the month of August or September, 1910, one J. F. Sanford verbally rented from Luke Stephens a farm in Etowah county, Ala., for the year 1911. He was to get possession on January 1, 1911, or sooner if the tenant for 1910 should, before that date finish up his crop and move. During Christmas week of 1910 the tenant did move, and Sanford then entered into possession of the premises, and raised a crop of cotton thereon in 1911, a part of which he sold and delivered to- the defendant, T. C. Banks. The plaintiff, appellant here, brought this suit against said Banks, seeking thereby to…
2Cases cited15 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- James Supply Co. v. FrostSupreme Court of Alabama · 1925
- Vinson Bros. v. FinlaySupreme Court of Alabama · 1921
- Baker v. LauderdaleAlabama Court of Appeals · 1915
- Hughes & Tidwell Sup. Co. v. BusseyAlabama Court of Appeals · 1915
- Landrum & Co. v. WrightAlabama Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.