Capital Securities Co. v. Davis
Alabama Court of Appeals
Assumpsit. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Assumpsit by Irene Davis against the Capital Security Company, to . recover the amount paid upon a contract, on the grounds of false and fraudulent repre-. sentatións made by the agent, as to the terms of the contract. Judgment for plaintiff and defendant appeals.
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Assumpsit. Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Assumpsit by Irene Davis against the Capital Security Company, to . recover the amount paid upon a contract, on the grounds of false and fraudulent repre-. sentatións made by the agent, as to the terms of the contract. Judgment for plaintiff and defendant appeals. One who signs a written instrument is bound by its contents, and is es-topped to deny the contents unless showing actionable fraud. — Lasseter v. Walter, 55 South. 619; Jones v. R. R. Go., 89 Ala. 376; Bank v. Butler, 108 Ala. 139. Under the facts in…
1Opinion of the Court
PELHAM, P. J.-
The Supreme Court, in an opinion rendered November 7, 1914, in a case in which the same party is appellant as in the case before us on this appeal, has passed upon the fundamental question presented by this appeal. See Capital Security Co. v. Gilmer, 67 South. 258.
Since the rendition of the opinion in that case, and after.the Supreme Court had overruled the appellee’s application for a rehearing, the appellee has filed an additional brief in this case making the contention that the Gilmer Case is not controlling because of a difference in the evidence in the two cases as shown…
2Cases cited2 opinions
- Southern Loan & Trust Co. v. GissendanerAlabama Court of Appeals · 1912
- Capital Securities Co. v. GilmerSupreme Court of Alabama · 1914
3Cited by1 opinion
- Capital Securities Co. v. HollandAlabama Court of Appeals · 1915