Legal Opinion

Beck v. West & Co.

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 24 opinions

Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This action was brought by Wilson Beck against J. P. West & Co., and was commenced by attachment, sued out on the 2d January, 1888, on the ground of the defendants’ non-residence. The defendants were tobacco manufacturers and dealers, doing business in Lynchburg, "Virginia, and had employed the defendant, who lived in or near Brewton, Alabama, to serve them as travelling salesman.

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Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. This action was brought by Wilson Beck against J. P. West & Co., and was commenced by attachment, sued out on the 2d January, 1888, on the ground of the defendants’ non-residence. The defendants were tobacco manufacturers and dealers, doing business in Lynchburg, "Virginia, and had employed the defendant, who lived in or near Brewton, Alabama, to serve them as travelling salesman. The contract between the parties was negotiated by letters,. several of which were read in evidence on the trial, as follows: On the…

1Opinion of the CourtStone, C. J.

This action was brought by Beck against West & Co., and claims damages, first, for unpaid commissions on sales made by Beck; and, second, for failing to supply him with expense money agreed to be supplied, and thereby preventing his performance of the contract, and throwing him out of employment. Other grievances are complained of, but we will show further on that they furnished no ground of recovery.

It is said in the bill of exceptions that there was a demurrer, and a ruling on it; but, inasmuch as this appears only in the bill of exceptions, we can not consider it. — 3 Brick. Dig. 78, § 7;…

2Cases cited6 opinions

  1. Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
  2. Pollock & Co. v. GanttSupreme Court of Alabama · 1881
  3. Bell v. ReynoldsSupreme Court of Alabama · 1885
  4. Culver v. HillSupreme Court of Alabama · 1880
  5. Higgins v. MansfieldSupreme Court of Alabama · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
  2. Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
  3. Sherrill v. Alabama Appliance Co.Supreme Court of Alabama · 1940
  4. Perfection Mattress & Spring Co. v. DupreeSupreme Court of Alabama · 1927
  5. Capital Garage Co. v. PowellSupreme Court of Vermont · 1925

19 more not listed; retrieve them via the Exa API.

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