Oklahoma Vinegar Co. v. Hamilton
Supreme Court of Alabama
Action of Assumpsit for Purchase Price of Goods Sold. Appeai, from tlie Circuit Court of Pike. Trial before the Hon. John P. Hubbabd. The appellant, the Oklahoma Vinegar Company, brought- the-- present suit against the appellees, Hamilton & P.unldoy, upon a verified account, to recover the purchase price- of phosphates sold by the plaintiff to- the defendant.
Read the full summary
Action of Assumpsit for Purchase Price of Goods Sold. Appeai, from tlie Circuit Court of Pike. Trial before the Hon. John P. Hubbabd. The appellant, the Oklahoma Vinegar Company, brought- the-- present suit against the appellees, Hamilton & P.unldoy, upon a verified account, to recover the purchase price- of phosphates sold by the plaintiff to- the defendant. The purchase was made through a travelling salesman of the plaintiff, to- whom the defendants gave a written order for the goods. The defendants pleaded, first, the general .issue; second, the rescission of the contract-; and, third, the…
1Opinion of the CourtMcCLELLAN, C. J.
— The evidence goes to show that the time within which delivery of the goods defendants ordered from plaintiff’s agent was to be made, was of the essence of the contract of sale, and the written order signed by the defendants expressly stipulates that the goods were to be shipped at once from Montgomery to the defendants at Troy, Alabama. It is also shown that the goods were not shipped at once, but more than two weeks after the order was given, and after the occasion for which defendants wanted the goods had passed, that *595they were not shipped from Montgomery at all, but from Atlanta,…
2Cited by7 opinions
- Dowling-Martin Grocery Co. v. J. C. Lysle Milling Co.Supreme Court of Alabama · 1919
- Georgia Agricultural Works v. PriceCourt of Appeals of Georgia · 1912
- Rivers v. CampbellCourt of Appeals of Texas · 1908
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
- Clauss Shear Co. v. Alabama Barber Supply Co.Alabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.