When cotton in bales is sent by a planter or other owner to a factor for sale, a warranty is implied on the part of such planter or owner to the factor and the purchaser from such factor respectively that such cotton is not fraudulently packed and, when cotton is sold by sample by the owner or his factor, that the sample has been fairly drawn and that the cotton is not fraudulently packed, and no other warranty is thereby implied. For any breach of such implied warranty, the purchaser may recover damages, either from the owner or factor selling the same, but no civil action can be brought for any breach of such last mentioned implied warranty unless the civil action is commenced within one year after such sale. Planters shall not be liable in any way for losses sustained by factors or commission merchants for having sold cotton by fraudulent or unfair samples, unless such loss was occasioned by plating or fraudulent packing of the cotton by such planter.
Structure Code of Alabama
Article 1 - General Provisions.
Section 2-19-5 - Taking of Cotton From Bale Without Consent of Owner, Consignee, Etc.
Section 2-19-6 - Conversion, etc., of Cotton Samples.
Section 2-19-9 - Failure of Purchaser of Cotton to Maintain Record as to Name of Seller, Etc.
Section 2-19-10 - Failure of Cotton Broker, etc., to Pay for Cotton Purchased and Disposed Of.
Section 2-19-11 - Fraudulent Packing or Baling of Cotton.
Section 2-19-12 - Exhibition of False Samples of Cotton, Etc.
Section 2-19-13 - Removal, etc., From State of Cotton Subject to Purchase Money Lien.
Section 2-19-14 - Removal From Bale of Cotton, etc., of Ginner's Tag.
Section 2-19-15 - Ginners to Maintain Registers of Cotton Ginned; Contents and Inspection Thereof.
Section 2-19-16 - Marking, Tagging, etc., of Cotton by Ginners.
Section 2-19-18 - Violation of Laws as to Classification, Stapling or Sampling of Cotton.
Section 2-19-20 - Removal of Cotton From Bale for Sampling.
Section 2-19-22 - Implied Warranty as to Packing of Cotton.
Section 2-19-24 - Liability of Ginneries for Failure to Comply With Provisions of Section 2-19-23.
Section 2-19-25 - Applicability of Provisions of Sections 2-19-23 and 2-19-24.
Section 2-19-26 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc.