From Casetext: Smarter Legal Research

Williams v. Midgley

Supreme Court of Alabama
Apr 6, 1922
92 So. 454 (Ala. 1922)

Opinion

7 Div. 290.

April 6, 1922.

Appeal from Circuit Court, Etowah County; W. J. Martin, Judge.

C. W. Peters, of Gadsden, for appellant.

The court erred in the facts found and judgment rendered. Acts 1915, p. 940.

Inzer, Inzer Lusk, of Gadsden, for appellee.

Brief of counsel did not reach the Reporter.


Action by appellee against appellant on account for goods, etc., sold and delivered by appellee at appellant's request. The appellant denied liability on the ground that none of the commodity, gasoline, was bought by appellant or sold on the written order of appellant; that being the appellant's limiting instruction to appellee in respect of sales on defendant's account. On the other hand, appellee's evidence went to show that appellant gave appellee instruction and authority to sell to one King and, of course, to appellant direct; and that the bill was made up of sales and deliveries so made. The court, trying the case without jury and favored with the opportunity to hear and observe the witnesses, resolved the contested issues for plaintiff, appellee. A review of the whole evidence does not convince this court that error affected this conclusion of the trial court. It cannot be affirmed that the finding was plainly contrary to the great weight of the evidence. Hackett v. Cash, 196 Ala. 403, 72 So. 52; Finney v. Studebaker Corp., 196 Ala. 422, 72 So. 54, among others.

Affirmed.

ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.


Summaries of

Williams v. Midgley

Supreme Court of Alabama
Apr 6, 1922
92 So. 454 (Ala. 1922)
Case details for

Williams v. Midgley

Case Details

Full title:WILLIAMS v. MIDGLEY

Court:Supreme Court of Alabama

Date published: Apr 6, 1922

Citations

92 So. 454 (Ala. 1922)
92 So. 454

Citing Cases

Blackwood v. Blackwood

In answer to this the appellee admitted the execution and delivery of the said J.E. Blackwood's notes, but…

Smith v. City of Dothan

The finding of the chancellor has the weight of a verdict, and should not be disturbed, unless contrary to…