Dishman v. Griffis
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; I-Iugh D. Merrill, Judge. 'Suit by A. Dishman and others against J. B. Griffis. From the judgment rendered, plaintiffs appeal.
1Opinion of the CourtBrown, P. J.
[1, 2] It is the well-settled and general rule of the common law, differing in this respect from the civil law, that upon the present and executed sale of a definite, ascertained, and existing chattel which is open to the inspection of the buyer, and of which the seller is neither the manufacturer nor the grower, no warranty whatever as to the quality, fitness, or condition is implied. In such cases, if an express warranty is not given, and the purchaser exercises without hindrance the right of inspection, the rule of the common law, caveat emptor, is without exception. Armstrong v. Bufford,…
2Cases cited10 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Barnard v. KelloggSupreme Court of the United States · 1871
- Barnett v. StantonSupreme Court of Alabama · 1841
- Gachet v. WarrenSupreme Court of Alabama · 1882
- Griel v. LomaxSupreme Court of Alabama · 1888
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