Public-domain · open source
OpenJurist

223 Ala. 707

135 So 919

Womack v. Pollock

Supreme Court of Alabama

Decided June 18, 1931

Supreme Court of Alabama · decided 1931-06-18

Relies on McMillan v. Aiken

Decided 1931-06-18

THOMAS, J.

¶1 The suit was detinue for a truck that was purchased on a written contract for installment payments.

¶2 The court gave the general affirmative charge requested in writing by the plaintiff. McMillan v. Aiken, 205 Ala. 35, 40, 88 So. 135.

¶3 The contract contained the following words: “No warranties expressed or implied have been made by the seller .unless endorsed hereon in writing.”

¶4 There were no indorsements to the contrary on the contract. The evidence showed without conflict, that payments were not made as stipulated and that there was no rescission of the contract. There was no error in giving the charge for the plaintiff.

¶5 The judgment of the circuit court is affirmed.

¶6 Affirmed.

ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.
/223/ala/707 · .json · Public domain