Randle v. Walker
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Assumpsit by J. M. Walker against G. P. Randle. Judgment for plaintiff, and defendant appeals. Under the evidence in this case, no recovery can he had under the .common count, hut an action on the contract only lies. 35 Cyc. 367, 446 ; 49 Hnn, 610, 1 N. Y. Supp. 884 ; 61 Tex. 345, 48 Am.
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Appeal from Circuit Court, Jefferson County ; John C. Pugh, Judge. Assumpsit by J. M. Walker against G. P. Randle. Judgment for plaintiff, and defendant appeals. Under the evidence in this case, no recovery can he had under the .common count, hut an action on the contract only lies. 35 Cyc. 367, 446 ; 49 Hnn, 610, 1 N. Y. Supp. 884 ; 61 Tex. 345, 48 Am. St. Rep. 280; 54 111. 157. In the absence of fraud, a bona fide vendor of stock can he held to warrant only -his own title, not the right of the corporation to issue. 1 Cook, Corporations, 296; Thompson, Corporations, § 3557; 99 Pa. 344; 41 N.…
1Opinion of the CourtBrown, P. J.
This is an action of assumpsit by the appellee against the appellant, the complaint consisting of the common counts. The litigation arises out of a transaction in which the plaintiff sold to the de fendant the Central Pharmacy, located at Wylam, Ala., and consisting of a stock of goods and fixtures, and a going business. The contract of sale was in writing and tbe stipulations thereof here pertinent are:
“All stock of goods of whatever kind and description now in the store where said business is located, together with the soda fountain, counters, shelving, furniture, and fixtures of whatever…
2Cases cited10 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Barrett & Co. v. Pollak Co.Supreme Court of Alabama · 1895
- Floyd v. State ex rel. BakerSupreme Court of Alabama · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Blythe v. EnslenSupreme Court of Alabama · 1929
- Murphy v. Louisville N. R. Co.Supreme Court of Alabama · 1952
- Montgomery v. Hughes Developers, Inc.Supreme Court of Alabama · 2003
- Carter v. CarterAlabama Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.