Legal Opinion

Wallace v. Crosthwait

Supreme Court of Alabama

Decided April 20, 1916PublishedCited by 4 opinions

Appeal from Lawrence Circuit Court. Heard before Hon. A. H. Alston. A. J. Crosthwait sued W. C. Wallace to recover the purchase price of a bale of cotton, and had judgment from which defendant appeals. Transferred from Court of Appeals.

1Opinion of the CourtThomas, J.

The suit was by plaintiff, appellee here, for the recovery of the purchase price of a bale of cotton sold to him by defendant. The gravamen of count 3 was that said bale of cotton was “water-packed,” that this fact was unknown to plaintiff buyer at the time of the purchase, and that on account of such condition plaintiff suffered the damages. The cause was tried by the court without the intervention of a jury. The special finding of fact was “that .the bale of cotton in controversy was water-packed,” and judgment was entered for plaintiff.(1) In the trial of a cause without a'jury either…

2Cases cited7 opinions

  1. Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
  2. Harrell v. MitchellSupreme Court of Alabama · 1878
  3. Allen v. RiddleSupreme Court of Alabama · 1904
  4. Scott v. HollandSupreme Court of Alabama · 1902
  5. Henderson v. GillilandSupreme Court of Alabama · 1914

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. M. Hohenberg & Co. v. HendrixSupreme Court of Alabama · 1924
  2. Jefferson County v. BusbyAlabama Court of Appeals · 1933
  3. State v. GoldsteinSupreme Court of Alabama · 1922
  4. State v. GoldsteinAlabama Court of Appeals · 1922

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