6 Ala. 773 | Ala. | 1844
1. Thedefendant in error, asserts that no examination can be had of the questions attempted to be raised; because the bill of exceptions has no seal affixed. We shall not now consider whether such an omission would cause exceptions, otherwise sufficiently certified to be rejected, because, in our opinion, the transcript does not sustain the objection. On reference to it, we find the presiding judge has added, after his name, the word seal, and there is a scroll around it. Applied to a bill of exceptions, this must be considered as what it purports to be.
3. The charge asked with respect to the necessity for proof of a delivery of the goods sold, is not presented in such a manner as to show error, because we cannot infer what the proof was. A delivery is not essential to be proved, to give a right of action in all cases, as the seller is not bound to deliver his. wares without payment made, and he may maintain an action for the- price, upon the contract of sale.
4. The other charge with respect to the effect of the admission by Blount, the previous representative of the estate, that the account was presented to him within eighteen months alter grant of administration is concluded by the decision upon that point, made when the case was here at a former term. [Starke & Moore v. Kenan, 5 Ala. Rep. 690.]
Por the error we first noticed, the judgment must be reversed, and the cause remanded.