Crawford v. Barkley
Supreme Court of Alabama
Error to the Chancery Court of Chambers. Tried before the Hon. W. W. Mason. 1. The purchase was made by a special agent, limited to pay three thousand dollars, and if he exceeded that amount the principal was not bound for the excess, but the agent alone. — .2 Kent’s Com. 619-20; Roe v. Predeux, 10 East. 158. 2. The inducement for the purchase, on the part of Crawford, was the entire premises, and the vendor having suffered him to pay out his money, without having notified…
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Error to the Chancery Court of Chambers. Tried before the Hon. W. W. Mason. 1. The purchase was made by a special agent, limited to pay three thousand dollars, and if he exceeded that amount the principal was not bound for the excess, but the agent alone. — .2 Kent’s Com. 619-20; Roe v. Predeux, 10 East. 158. 2. The inducement for the purchase, on the part of Crawford, was the entire premises, and the vendor having suffered him to pay out his money, without having notified him that the agent had exceeded his power, can have no equitable lien upon the premises. — 2'Story’s Com. 465, § 1219. 3.…
1Opinion of the CourtChilton, J.
William Barkley, the defendant in error, having purchased from McLemore and Adams an interest of one moiety in certain lands, and holding the title bond of McLemore, in whom was vested the legal title to the same, sold his interest to Geo. Crawford and Andrew Barkley, the plaintiffs in error, as is alleged in the bill, for two thousand dollars; in consideration of which sale, the bill charges, they agreed to pay McLemore what Wm. Barkley still owed for the land, and to pay the residue to him on tire 25th Dec. 1844; that the amount due McLemore, not then being known, it was determined to…
2Cases cited1 opinion
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
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