Boit v. Maybin
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The opinion states the case. The contract was complete in Georgia, and the Alabama inspection laws have nothing to do with the case. 1 Parsons on Contracts, 524; McIntyre v. Parker, 3 Met. 207. Independent of this, a fair construction of the inspection law of this State would prevent its operation on this contract.
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Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The opinion states the case. The contract was complete in Georgia, and the Alabama inspection laws have nothing to do with the case. 1 Parsons on Contracts, 524; McIntyre v. Parker, 3 Met. 207. Independent of this, a fair construction of the inspection law of this State would prevent its operation on this contract. There was no warranty, and the failure of the guano to produce beneficial results was therefore entirely irrelevant. 2 Ala. 181; Picks v. DillaJmnty, 8 Port. 134. The facts take this case out .of the influence…
1Opinion of the CourtJudge, J.
The plaintiffs in the court below were dealers in the article of “ sea-fowl guano,” and their place of business was in the..city of Savannah, in the State of Georgia. The defendant proposed to their agent in Alabama to purchase two tons of the guano, and by the verbal request of the defendant the agent transmitted to the plaintiffs an order for the same, with instructions to ship it to the defendant at Eufaula, Alabama, by railroad. The guano was. shipped, pursuant to the order, and in due time was received by the defendant, who used it as a fertilizer. Subsequently, the agent of the…
2Cases cited2 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Broadhead v. JonesSupreme Court of Alabama · 1863