Legal Opinion
Louis Pizitz Dry Goods Co. v. House of Van Praag, Inc.
Supreme Court of Alabama
Decided April 4, 1929No. 6 Div. 199PublishedCited by 7 opinions
1Opinion of the CourtThomas, J.
The suit was for the purchase price of refrigerators sold to appellant in New York. The complaint was on the common counts, and the pleas were general issue and special pleas 2 and 3. Demurrers were overruled as to the plea of express warranty (plea 2), and sustained to plea 3. The case was tried by the court without a jury ; there was no special finding of fact demanded or had; and the judgment was for plaintiff.
The judgment of the court was equivalent to the verdict of a jury that the appellate court will not disturb, unless the conclusion reached by the judgment appealed from is contrary…
2Cases cited27 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Hackett v. CashSupreme Court of Alabama · 1916
- Barnard v. KelloggSupreme Court of the United States · 1871
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Centraal Stikstof Verkoopkanter, N. v. V. Walsh Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1967
- National Life Accident Ins. Co. v. BridgeforthSupreme Court of Alabama · 1929
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- City of Tuscaloosa v. Standard Oil Co.Supreme Court of Alabama · 1930
- Hall v. ClarkSupreme Court of Alabama · 1932
2 more not listed; retrieve them via the Exa API.