Weil Bros. v. Hanks
Supreme Court of Alabama
Appeal from Circuit Court, Talladega County; Hugh D. Merrill, Judge. Action by Weil Bros, against J. F. Hanks and J. H. Coughlin. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtSomerville, J.
Plaintiffs bought 100 bales of cotton from J. H. Coughlin, and sue J. H. Coughlin and J. F: Hanks jointly for failing and refusing to deliver the cotton as contracted for. The complaint avers that plaintiffs were ready, willing, and able to' receive and pay for the cotton, but does not aver any offer to do so.
The evidence shows that the cotton in question was bought by plaintiffs’ local buyer at Talladega from Coughlin alone. But the contention is that Coughlin and Hanks were partners in the business of buying and selling cotton, or, if not partners inter sese, yet their visible association,…
2Cases cited5 opinions
- Morgan v. FarrelSupreme Court of Connecticut · 1890
- Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
- Marble & Son v. Lypes & Co.Supreme Court of Alabama · 1886
- Knard v. HillSupreme Court of Alabama · 1893
- L. S. Meharg Liquor Co. v. DavisSupreme Court of Alabama · 1914
3Cited by3 opinions
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Price v. CoxSupreme Court of Alabama · 1942
- Tucker v. TuckerSupreme Court of Alabama · 1931