Kern v. Cox
Supreme Court of Alabama
Appeal from Butler Circuit Court. Heard before Hou. J. C. Richardson. Action by A. C. Cox against J. S. Kern. There was a judgment' for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court.
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Appeal from Butler Circuit Court. Heard before Hou. J. C. Richardson. Action by A. C. Cox against J. S. Kern. There was a judgment' for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court. The following charges were refused to the defendant: “(A) The court charges the jury that, if they believe from the evidence that Cox sold Hindman a mule, then you must find for the defendant, although you may believe from the evidence that Hind-man has never paid Cox for the mule. (B) The court charges the jury that they may look to the facts that Hindman had…
1Opinion of the CourtSimpson, J.
This is an action of detinue, by the appellee against the appellant, for a mule. The evidence on the part of the plaintiff tended to show that the plaintiff had agreed to sell the mule in question to E. A. Hindman in February, 1908, for $175, and said mule was delivered to Hindman under an agreement that, if he liked it and it matched another mule which he had, he (Hindman) would pay $175 therefor, hut, if not he would return it to the plaintiff; also that, before Hind-man traded the mule off, he informed plaintiff that it did not suit him, and it was agreed that, as soon as Hindman finished…
2Cases cited8 opinions
- Davey v. Southern Pacific Co.California Supreme Court · 1897
- Decatur Car Wheel & Manufacturing Co. v. MehaffeySupreme Court of Alabama · 1900
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1900
- Pearson v. AdamsSupreme Court of Alabama · 1900
- Hurlbut v. HallNebraska Supreme Court · 1894
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3Cited by1 opinion
- Cotney v. StateSupreme Court of Alabama · 1945