Brown & Oakley v. Raisin Fertilizer Co.
Supreme Court of Alabama
Appear from Henry Circuit Court. Tried before Hon. J. O. Richardson. Action by The Raisin Fertilizer Company, a corporation, against Brown & Oakley on a promissory note executed by tlie latter to the former for fertilizers. The defendants by pleas set up that the fertilizers for which the note was given were not tagged before the sale, as required by the statute; and also that the plaintiffs had no license-to sell commercial fertilizers.
1Opinion of the CourtMcCLELLAN, C. J.
— It is clear beyond adverse inference that up to and after the time the sale of the commercial fertilizer to Brown & Oakley was fully completed and consummated by delivery to them, all the terms of the sale having been previously agreed upon and complied with, the fertilizer had not been tagged as required by our statute, and no agreement, expressed or implied, existed between the parties whereby the purchasers were to, attach to the packages tags supplied to them at the time of the sale by the sellers. The transaction is, therefore, not brought within the saving principle declared in the…
2Cases cited4 opinions
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
- Brown & Co. v. Adair & McCarty Bros.Supreme Court of Alabama · 1894
- Edisto Phosphate Co. v. StandfordSupreme Court of Alabama · 1895
- Kirby v. Huntsville Fertilizer & Milling Co.Supreme Court of Alabama · 1894
3Cited by2 opinions
- In re BrownDistrict Court, N.D. Alabama · 1938
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920