Sanders v. Williams
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard, before Hon. H. A. Pearce. Action by Dan Williams against J. D. Sanders, fon breach of warranty in the sale of a horse. Judgment for plaintiff and defendant appeals.
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Appeal from Houston Circuit Court. Heard, before Hon. H. A. Pearce. Action by Dan Williams against J. D. Sanders, fon breach of warranty in the sale of a horse. Judgment for plaintiff and defendant appeals. Counsel insist that when Eolen traded the horse to appellant that this act was a. disaffirmance of the contract he made with the Dothan Mule Company, that from that moment the property embraced in the mortgage was no longer subject to or bound by it, and cite authorities in support of their contention, as follows. — Craig v. Van Better,. 18 Am. St. 569 and note; Hause v. Alexander, 55 Am.…
1Opinion of the Court
¡McCLELLAN, J.
Action, by appellee against appellant, for breach of warranty in the sale of a horse; the alleged breach consisting in the existence of an outstanding incumbrance upon the animal created by one Rolen, an original purchaser thereof from the Dothan Mule Company. The court sustained plaintiff’s demurrers to pleas 2 and 3, and counsel for appellant insist, in brief, that this action was error. There are no •assignments of error questioning such rulings. We "must, accordingly, refrain from considering them. The ■only errors assigned are those predicated upon the giving of the general…
2Cited by4 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Hyatt's Supply Co. v. LyleSupreme Court of Alabama · 1931
- Norton-Crossing Co. v. MartinSupreme Court of Alabama · 1918
- Maness v. WoodallSupreme Court of Alabama · 1933