Griel v. Lomax
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Tennent Lomax, P. C. Massie, and T. S. Sayre, against Jacob Griel, to recover $100, with interest, which plaintiffs had paid to defendant on a purchase of his interest in a lot or parcel of land in the town of Sheffield, and was commenced on the 21st June, 1887. The contract between the parties was reduced to writing, dated at Montgomery, Jan. 6th, 1887, signed by…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Tennent Lomax, P. C. Massie, and T. S. Sayre, against Jacob Griel, to recover $100, with interest, which plaintiffs had paid to defendant on a purchase of his interest in a lot or parcel of land in the town of Sheffield, and was commenced on the 21st June, 1887. The contract between the parties was reduced to writing, dated at Montgomery, Jan. 6th, 1887, signed by said Griel only, and in these words: “For and in consideration of $100 to me in hand paid, by Patrick Massie, T. Lomax,…
1Opinion of the CourtColeman, J.
— This is the third appeal in this case. Many of the principles of law involved in the present appeal as presented by the present record were settled when . the case was here on former appeals. — 80 Ala. 420. We then held that, if Griel represented that separate notes were to be given, and the truth was that joint notes were to be given by him and his co-partners, this would be the misrepresentation of a material fact, which would vitiate the contract if the plaintiffs relied upon such statement, and were justified by the circumstances in relying on it as an inducement to such contract, and…
2Cases cited3 opinions
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Griel v. LomaxSupreme Court of Alabama · 1889
- Wright v. GravesSupreme Court of Alabama · 1885
3Cited by1 opinion
- Baker v. MaxwellSupreme Court of Alabama · 1892