Legal Opinion

Sellers v. Dickert

Supreme Court of Alabama

Decided December 4, 1913PublishedCited by 13 opinions

Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit by Oma Dickert and another against E. M. Sellers and another. From a judgment for plaintiffs, defendants appeal. Most of the facts appear from the opinion.

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Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit by Oma Dickert and another against E. M. Sellers and another. From a judgment for plaintiffs, defendants appeal. Most of the facts appear from the opinion. The several assignments of error grouped as A, under subdivision 3, refer to the following: (2) The court erred in overruling objection of ap- . pellants to the following question asked by appellees of the witness L. M. Winn: “Now, state what was the trade that you made for Misses Dickert and Landt with the Drs. Sellers.” (3) Overruling objection to question to…

1Opinion of the CourtMoCLELLAN, J.

Prior to March 18, 1912, Misses Dickert and Landt (appellees) owned and operated the Anniston Hospital, and Drs. E. M. and W. D. Sellers (appellants) owned and operated the Sellers Hospital. With the purpose of establishing out of these two prop*211erties, and equipments, and institutions a public hospital in Anniston, Misses Dickert and Landt constituted Drs. Winn and Moore their agents to negotiate with the Drs. Sellers, and also bind them in the premises. On March 18, 1912, the Drs. Sellers and Misses Dickert and Landt (through the hand of one of their agents) signed the instrument of which…

2Cited by13 opinions

  1. Prince v. PooleSupreme Court of Alabama · 2006
  2. Hibbett Sporting Goods, Inc. v. BiernbaumSupreme Court of Alabama · 1979
  3. Richard Kelley Chevrolet Co., Inc. v. SeiboldCourt of Civil Appeals of Alabama · 1978
  4. First Commercial Bank v. SpiveySupreme Court of Alabama · 1997
  5. Poole v. PrinceSupreme Court of Alabama · 2010

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