Berry v. Wooddy
Alabama Court of Appeals
Appeal from Circuit Court, Coosa County;: S. L. Brewer, Judge. Action by -S. H. Wooddy against E. H. Berry for damages for fraud and deceit in the sale of land. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear.
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Appeal from Circuit Court, Coosa County;: S. L. Brewer, Judge. Action by -S. H. Wooddy against E. H. Berry for damages for fraud and deceit in the sale of land. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The court refused the following charge: (12) The court charges the jury that all plaintiff had a right to demand of defendant was a good title to the house and lot sold him by defendant, and, if the evidence reasonably satisfies-you that defendant offered plaintiff such a title, then your verdict should be for defendant.
1Opinion of the CourtBrown, P. J.
This is an action for fraud and deceit in the sale of a house and lot situated in Goodwater, Ala. All counts of the-complaint, except that denominated count AA, were eliminated either on demurrer or by the affirmative charge in favor of the defendant, appellant here.
[1 ] It is well settled that one who has been, induced to enter into a contract for the purchase of lands by fraud, to his injury, may maintain an action for deceit, and recover such damages as are necessary to compensate him for the injury suffered. Foster v. Kennedy, Adm’r, 38 Ala. 359, 81 Am. Dec. 56; 12 R. C. L. 451, § 196.…
2Cases cited11 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Lawson v. VernonWashington Supreme Court · 1905
- Harton v. BelcherSupreme Court of Alabama · 1915
- Foster v. Kennedy's Adm'rSupreme Court of Alabama · 1862
- Pritchett v. MunroeSupreme Court of Alabama · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hall Motor Company v. FurmanSupreme Court of Alabama · 1970
- Airheart v. GreenSupreme Court of Alabama · 1958
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Old Southern Life Ins. Co. v. WoodallSupreme Court of Alabama · 1977
- Hunt v. JonesSupreme Court of Alabama · 1919
9 more not listed; retrieve them via the Exa API.