104 Ala. 100 | Ala. | 1893
A resale by the plaintiffs under these circumstances— the purchaser continuing in default — did not authorize him to resist paying any balance still due on the pui*chase price. — 2 Benj. on Sales, § 1156 ; Blackburn on Sales, 325.
The paper writing of date October 10, 1892, offered in evidence by plaintiffs, among other things it contained, gave notice to defendants that if they did not comply with the terms of their contract of sale, by a certain date, the plaintiffs would have to sell the remaining horse for and on their account. The objection interposed to this document as evidence, was general, specifying no grounds. This objection might have been overruled on that account alone. There were parts of the writing the court might have excluded if specific and proper objection had been interposed ; but, it was certainly competent to the extent that it gave notice to defendants of a purpose of the plaintiffs, after a specified date, to sell the horse on their account, if by that time they did not comply with the terms of said sale. — 2 Benj. on Sales, §§ 1022, 1023; Smith v. Penn, 98 Ala. 560.
Those numbered 2, 3, 4, 5, 15, 19 were properly re- - fused;- the-2d, 3d, and 5.th, asserting incorrect .principles; -the -4th, argumentative - and - otherwise. ■ illegal and the -15th and 19th,-vague,- argumentative and misleading.
We find no error in the record, and the procedure of the court below is affirmed.