Abraham Bros. v. Means
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by Noah Means against Abraham Bros. Judgment for plaintiff, and defendant appeals. This action was begun in the lower court and as originally filed contained two counts: one for deceit and one for a breach of warranty in the sale of a mule.
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Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by Noah Means against Abraham Bros. Judgment for plaintiff, and defendant appeals. This action was begun in the lower court and as originally filed contained two counts: one for deceit and one for a breach of warranty in the sale of a mule. The lecond count was in the following words: “Plaintiff claims of the defendant $300 damages for a breach of warranty in the sale of a mule by them to the plaintiff on, to wit, the 1st day of March, 1013, which the defendant warranted to be sound, when in fact said mule was not…
1Opinion of the Court
1. The count sufficiently described the unsoundness of the mule to put the defendant on notice of what he was to defend against. It would be unreasonable to require a plaintiff, not usually versed in the diseases of mules, to enter into a specific description of a disease requiring expert knowledge and perhaps scientific investigation. The allegation of the complaint was that the defendant had warranted the mule was "sound," when, as a matter of fact, he was not "sound," but sick. This presented a material issue of fact which could be taken by the defendant, and under section 5321 of the Code…
2Cases cited9 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Athey v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1915
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- McCray v. SharpeSupreme Court of Alabama · 1914
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kilborn v. HendersonAlabama Court of Appeals · 1953
- Abraham Bros. v. MeansAlabama Court of Appeals · 1918
- Kitchens v. MannAlabama Court of Appeals · 1918
- Wilson v. RatcliffAlabama Court of Appeals · 1918
- Ex Parte Abraham Bros.Supreme Court of Alabama · 1918