Citation Numbers: 9 Ala. App. 104, 62 So. 378
Judges: Pelham
Filed Date: 5/22/1913
Status: Precedential
Modified Date: 7/19/2022
The only assignment of error is'based on the court’s giving the general charge at the request of the defendant, and the only question presented, as we see it, is Avhether or not an actual or constructive delivery was made to the appellant of the goods not accepted and undertaken to be returned by the appellee.
The evidence is without conflict that the goods for Avhich suit was brought by the appellant against appel
When goods are sold and delivered and the vendee reserves the right to reject or return, the title that passes into him is divested by the exercise of this option expressed within a reasonable time. — Allen, Bethune v. Co. v. Maury & Co., 66 Ala. 10, 17.
It appears from the evidence set out in the record that the railroad company did not ship the goods placed in its custody by the appellee to the appellant for several months, and that they were practically destroyed or greatly damaged through the depredations of mice when tendered to the appellant in Knoxville, and appellant refused to receive them and brought this suit against appellee to recover the purchase price under the contract of sale.
The traveling salesman of the plaintiff who made the contract for the sale of the goods to the defendant was not examined as a witness, and one of the members of the defendant’s company who represented the defendant in making the purchase was the only witness who testified with reference to the contract providing for a purchase and sale of the goods, and he testified that the agreement was that, after inspecting the goods upon their arrival at its store in Guntersville, the defendant
As a general proposition, a delivery to the particular-carrier designated by the person who has ordered goods shipped to him is a delivery to that person, for the common carrier is constituted the agent of the consignee to receive them. — McCormick v. Joseph, 77 Ala. 236; A. G. S. R. R. Co. v. Mt. Vernon Co., 84 Ala. 173, 4 South. 356. In this case the uncontradicted evidence showed that the defendant delivered the goods for carriage, properly boxed and marked for shipment, to the particular carrier designated by the plaintiff, the party to whom the
The assignment of error is not well taken, and an affirmance' must follow.
Affirmed.