Fore v. McKenzie
Supreme Court of Alabama
Appeal from Circuit Court of Monroe. Tried before Hon. JOHN K. Henby. The appellant, Fore, as administrator of the estate of one James Fore, deceased, brought suit against the appellees to recover $1,200, the amount of a promissory note given by them for lands of appellant’s intestate, which Eore had sold under order of the probate court.
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Appeal from Circuit Court of Monroe. Tried before Hon. JOHN K. Henby. The appellant, Fore, as administrator of the estate of one James Fore, deceased, brought suit against the appellees to recover $1,200, the amount of a promissory note given by them for lands of appellant’s intestate, which Eore had sold under order of the probate court. The appellees pleaded that Eore had represented at the time of the sale that the lands were the property of the estate, and the title was good; whereas a part of the tract sold by the administrator, and for which, along with other lands, the note was given,…
1Opinion of the Court
BRICKELL, O. J.
The misrepresentation by a seller which will avoid a contract of sale, or furnish matter of defense to an action for the recovery of the purchase-money, must be of a material fact, operating as an inducement to the purchase; and the purchaser having a clear right to rely on it, must have been deceived by it. The plea does not aver a state of facts which brings the defense withiD the principle. There is no averment that the misrepresentation in reference to the title, induced the purchase ; or that the purchaser, being ignorant of the true state of the title, relied upon and>was…
2Cases cited5 opinions
- Bland v. BowieSupreme Court of Alabama · 1875
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Burns v. Hamilton's Adm'rSupreme Court of Alabama · 1858
- Lamkin v. ReeseSupreme Court of Alabama · 1844
3Cited by13 opinions
- Wilson v. HoltSupreme Court of Alabama · 1887
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- Cruikshank v. LuttrellSupreme Court of Alabama · 1880
- Figh v. TaberSupreme Court of Alabama · 1919
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