Kilby Locomotive & Mach. Works v. Lacey & Son
Alabama Court of Appeals
Deceit. Appeal from Anniston City- Court. Heard before Hon. Thomas W. Coleman,, Jr. Action of deceit by D. B. Lacy & Son against the Kil-by Locomotive & Machine Works. From a judgment for plaintiff, defendant appeals. The pleadings and facts sufficiently appear from the opinion, as does the oral charge of the court excepted to.
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Deceit. Appeal from Anniston City- Court. Heard before Hon. Thomas W. Coleman,, Jr. Action of deceit by D. B. Lacy & Son against the Kil-by Locomotive & Machine Works. From a judgment for plaintiff, defendant appeals. The pleadings and facts sufficiently appear from the opinion, as does the oral charge of the court excepted to. The following charges were refused the defendant: • (13) If Whitfield Clark honestly stated to D. B. Lacy the condition of the engine as the said Whitfield Clark believed the same to exist at the time of the sale, the jury must find the issues for the defendant. (14)…
1Opinion of the CourtThomas, J.
The general rule as to the measure of damages, when a person is injured by the false and fraudulent representations of another, is, as stated in the first authority cited below and borne out by the others, this: “He is entitled to recover all the damages which were within the contemplation of the parties, or which, though not within the contemplation of the parties, were either the necessary or the natural and proximate consequences of the fraud; and he can recover nothing more than this, unless the circumstances were such as to render the other party liable in exemplary damages.”- —14 Am. &…
2Cases cited17 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Milton v. RowlandSupreme Court of Alabama · 1847
- Foster v. Kennedy's Adm'rSupreme Court of Alabama · 1862
- McCoy v. PrinceAlabama Court of Appeals · 1914
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rice v. PriceMassachusetts Supreme Judicial Court · 1960
- Jackson Company v. FaulknerCourt of Civil Appeals of Alabama · 1975
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Southern Building & Loan Ass'n v. BryantSupreme Court of Alabama · 1932
7 more not listed; retrieve them via the Exa API.