Cornett v. Brooks
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Detinue by Nicholas Brooks against N. F. Cornett for a Ford automobile. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Detinue by Nicholas Brooks against N. F. Cornett for a Ford automobile. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The following is charge 2, given at the instance of the plaintiff: “If Brooks for a sufficient reason made a tender of the Chevrolet car to Cornett with a view of a rescission of any contract of exchange made, and Cornett refused to receive it, Brooks had a right to abandon said ear, if he saw fit.” The court refused the following charges requested…
1Opinion of the CourtSayre, J.
Statutory detinue for one Eord auto car. Judgment for the plaintiff; damages for detention assessed at one cent.
The parties had exchanged automobiles— at least there had been negotiation looking to an exchange, and defendant had taken possession of the machine plaintiff sought to recover. Plaintiff’s contention, as shown by the evidence adduced, took on two aspects: (1) That the negotiation had not resulted in an agreement of exchange; and (2) that defendant had fraudulently misrepresented the mechanical condition and worth of his car, which came into plaintiff’s possession, and on that…
2Cases cited7 opinions
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Noel v. StateSupreme Court of Alabama · 1909
- Comer v. FranklinSupreme Court of Alabama · 1910
- Bailey v. LittenSupreme Court of Alabama · 1875
- Wilcox, Gribbs & Co. v. HendersonSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Neumiller v. JenkinsSupreme Court of Alabama · 1960
- Clancy Lumber Co. v. HowellSupreme Court of Alabama · 1954
- Day v. DowneySupreme Court of Alabama · 1952
- Chandler v. GoodsonSupreme Court of Alabama · 1950
- State v. FairbanksSupreme Court of Vermont · 1929