Comer v. Franklin
Supreme Court of Alabama
Assumpsit. Appeal from Montgomery City Court. Heard, before Hon. William H. Thomas. Action by E. R;. Franklin against N,. B. Comer to cover the purchase price of goods upon rescission of sale. Judgment for plaintiff and defendant appeals.
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Assumpsit. Appeal from Montgomery City Court. Heard, before Hon. William H. Thomas. Action by E. R;. Franklin against N,. B. Comer to cover the purchase price of goods upon rescission of sale. Judgment for plaintiff and defendant appeals. The pleas presented a defense to the complaint and the court erred in sustaining demurrers thereto. — Bill v. Camp, 22 Ala. 258; Hodges v. Tufts, 115 Ala. 374; Stevenson v. Allison, 123 Ala. 447; Roma>noff M. Co. v. Comieron, 137 Ala. 214. The record fails to show the grounds of demurrer and it will be presumed that the defects of the pleas were pointed out.…
1Opinion of the CourtSayre, J.
Plaintiff (appellee) sued for the recovery of a sum of money which he had paid to defendant on a contract for the purchase of the furnishings then and since in the Capitola Hotel, which defendant had been keeping, and which along with its furnishings, went into the possession of the plaintiff upon the agreement of sale. The allegation was that the sale bad been *575induced by defendant’s false representation that he owned the subject-matter of the contract of sale, whereas in fact a large part of the furnishings belonged to a third person. The complaint, reduced at last to count 7a, avers that in…
2Cases cited10 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Hayes v. WoodhamSupreme Court of Alabama · 1906
- Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905
- Hodge v. TuftsSupreme Court of Alabama · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Moline Jewelry Co. v. CrewSupreme Court of Alabama · 1911
- Fryer v. CampbellWyoming Supreme Court · 1935
- Bynum v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1931
- McCarthy v. Bowling Green Storage & Van Co.Appellate Division of the Supreme Court of the State of New York · 1918
13 more not listed; retrieve them via the Exa API.