Austin v. Beall
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by W. W. Beall against J. W. Austin and another. Judgment for plaintiff, and defendants appeal. Thé first three counts are the common counts.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by W. W. Beall against J. W. Austin and another. Judgment for plaintiff, and defendants appeal. Thé first three counts are the common counts. The fifth count claimed damages for the breach of warranty • in thé sale of a car of lumber by defendants to plaintiff on February 1, 1904, which the defendants warranted to be free from sap and through shake, when in fact a large quantity of lumber, to wit, 13,500 feet, contained sap or through shake. The fourth count was as follows: “Plaintiff claims $187.70 damages from the…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff- (appellee) must trace his right to recover in this action through a breach by.defendants (appellants), of an implied warranty, in respect to quantity and quality, of a car of lumber bought and sold, respectively, by the parties. To such a purpose the common counts cannot be properly applied. — 4 Cyc. pp. 326-328, and authorities collated in notes thereon.
Accordingly, the several affirmative charges, as to the common counts, requested, by and refused to defendants, should have been given. Their refusal was error.
The measure of plaintiff’s damages, if otherwise entitled to…
2Cases cited5 opinions
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Jemison & Sloan v. Dearing's ExecutorsSupreme Court of Alabama · 1867
- McCulloch v. JuddSupreme Court of Alabama · 1852
- Penn & Co. v. SmithSupreme Court of Alabama · 1894
- Byrd v. BeallSupreme Court of Alabama · 1907
3Cited by5 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Hotchkiss v. DevitaSupreme Court of Connecticut · 1925
- Prows v. HawleyUtah Supreme Court · 1928
- Randle v. WalkerAlabama Court of Appeals · 1919
- Harrelson v. JacksonAlabama Court of Appeals · 1961