Legal Opinion

Patton v. Tidwell

Alabama Court of Appeals

Decided November 9, 1920No. 2 Div. 207PublishedCited by 1 opinion

Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action by Zada Tidwell against Luther Patton for damages for deceit in the sale of a patent. The death of plaintiff was suggested, and the cause revived in the appellate court in the name of her administrator. Judgment for the plaintiff, and the defendant appeals.

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Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action by Zada Tidwell against Luther Patton for damages for deceit in the sale of a patent. The death of plaintiff was suggested, and the cause revived in the appellate court in the name of her administrator. Judgment for the plaintiff, and the defendant appeals. The following counts of the complaint are referred to: (1) The plaintiff claims of the defendant $300 and lawful interest thereon from February 15, 1918, damages for deceit in the sale by the defendant to the plaintiff of a one-hundredth interest in and to a weevil machine…

1Opinion of the Court

Zada Tidwell brought this suit in the circuit court of Bibb county against Luther Patton. Since the trial in the circuit court Zada Tidwell had died, and her death being suggested, the suit has been revived in the name of Phelan Tidwell, administrator, etc. The original complaint contained nine counts, the general affirmative charge being given for the defendant as to counts 5, 6, 7, 8, and 9. The trial court granted the defendant's motion to strike out certain portions of counts, 1, 2, and 4, after which the defendant interposed demurrers to all of said counts viz., 1, 2, 3, and 4, which…

2Cases cited2 opinions

  1. Stouffer v. Smith-Davis Hardware Co.Supreme Court of Alabama · 1908
  2. Meier v. JacksonMissouri Court of Appeals · 1899

3Cited by1 opinion

  1. Shepherd v. KendrickSupreme Court of Alabama · 1938

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