Neal v. Williams
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. A. H. Alston. Bill by George Neal and another against M. E. Williams and another for specific performance, and as ancillary thereto for an abatement of the purchase price •on account of fraud and misrepresentation in the sale. From a decree sustaining demurrers to the bill complainants appeal.
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Appeal from Pike Chancery Court. Heard before Hon. A. H. Alston. Bill by George Neal and another against M. E. Williams and another for specific performance, and as ancillary thereto for an abatement of the purchase price •on account of fraud and misrepresentation in the sale. From a decree sustaining demurrers to the bill complainants appeal. When a person sells to another any property of any kind or •character and represents it to be one thing, he must make the representation good to the extent of making the property sold worth as much as it would have been had it been as represented. —…
1Opinion of the CourtDowdell, C. J.
On the first appeal in this case, taken from the decree of the chancellor overruling a motion to dismiss the bill for want of equity, it was held that the bill was not without equity, when considered as amended, on a motion to dismiss, as the rule required, and the decree appealed from was affirmed.—Williams v. Neill, 147 Ala. 691, 40 South. 943. On the second appeal, which was prosecuted from a decree on demurrer to the bill, it Avas held that the bill was subject to demurrer, and the decree was reversed, and the cause remanded.—152 Ala. 435, 44 South. 551. After remandment of the cause, the…
2Cases cited2 opinions
- Bell v. ThompsonSupreme Court of Alabama · 1859
- Williams v. NealSupreme Court of Alabama · 1907
3Cited by9 opinions
- Shepherd v. KendrickSupreme Court of Alabama · 1938
- Franklin v. NunnelleySupreme Court of Alabama · 1941
- Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
- Milton Realty Co. v. WilsonSupreme Court of Alabama · 1926
- Johnson v. DelonySupreme Court of Alabama · 1941
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