Woodruff v. Scaife
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. J. M. Carmichael. This action was brought by W. L. Scaife, against Henry Woodruff, as a member of the partnership of Woodruff & Howard, to recover the 'sum of $155, alleged to be due by account for medicines and medical services furnished by plaintiff, during the year 1884, to the laborers and tenants employed on a plantation which belonged to said Woodruff and T. O. Howard, and which was cultivated by them as…
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Appeal from the Circuit Court of Russell. Tried before the Hon. J. M. Carmichael. This action was brought by W. L. Scaife, against Henry Woodruff, as a member of the partnership of Woodruff & Howard, to recover the 'sum of $155, alleged to be due by account for medicines and medical services furnished by plaintiff, during the year 1884, to the laborers and tenants employed on a plantation which belonged to said Woodruff and T. O. Howard, and which was cultivated by them as partners during that year. The defendant pleaded the general issue and the statute of frauds, alleging that the promise…
1Opinion of the Court
SOMEEYILLE, J.'
— The second instruction of the court asserts the proposition, that, where a partnership is formed between two persons to carry on the business of farming, or planting, each partner has the implied authority, as matter of law, to bind the firm for medicine and medical supplies furnished by a practicing physician to the laborers employed on" the farm, or plantation, cultivated by the partners.
The partnership in this case is not a trading or commercial one, which is generally governed, as to its scope of authority, by the rules of the law-merchant, of which the courts take…
2Cases cited5 opinions
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Smith v. SloanWisconsin Supreme Court · 1875
- Cocke v. Branch Bank at MobileSupreme Court of Alabama · 1841
- Blount v. HawkinsSupreme Court of Alabama · 1851
3Cited by12 opinions
- Reynolds v. Board of EducationSupreme Court of Kansas · 1903
- Beitman v. Birmingham Paint & Glass Co.Supreme Court of Alabama · 1914
- Lackland v. TurnerSupreme Court of Alabama · 1921
- Aultman & Co. v. FletcherSupreme Court of Alabama · 1895
- Park-Robertson Hardware Co. v. CopelandAlabama Court of Appeals · 1914
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