Legal Opinion · Dissent
Tyson v. Jennings Produce Co.
Alabama Court of Appeals
Decided November 13, 1917No. 6 Div. 22Published
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by the Jennings Produce Company against O. A. Tyson. Judgment for plaintiff after trial before the court without a jury, and defendant appeals.
1DissentBricken, J.
I cannot concur in the conclusions of fact and'law in the majority opinion prepared by Judge SAM-FORD. The evidence in this ease is without conflict, and, in my opinion, shows a consignment only, and not a sale of the pota toes to Tyson.
Appellee’s theory of its action, as set forth in the brief filed by its counsel, is as follows:
“The action was for §96.36 balance due on a car load of potatoes, sold by appellee to the appellant, on September 22, 1910.” (Appellee’s Brief, p. 8.)
I am ready to concede that, if the transaction was a straight-out sale to Tyson, then it would be an interstate…
2Cases cited10 opinions
- Hopkins v. United StatesSupreme Court of the United States · 1898
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- John Deere Plow Co. v. WylandSupreme Court of Kansas · 1904
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Jones v. MartinAlabama Court of Appeals · 1917
5 more not listed; retrieve them via the Exa API.