Hayes v. Woodham
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. James A. Uilbro. This was an action of detinue, begun by appellant against appellee for the recovery of a mule.
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Appeal from Marshall Circuit Court. Heard before Hon. James A. Uilbro. This was an action of detinue, begun by appellant against appellee for the recovery of a mule. The evidence tended to show that plaintiff and defendant entered into a trade by which plaintiff exchanged a mule for a horse belonging to defendant; that the defendant represented the horse to be perfectly sound, but that afterwards plaintiff discovered that the horse’s eyes were unsound, and upon a discovery of the defect plaintiff carried horse to defendant, tendered him the horse, and requested a rescission of the trade which…
1Opinion of the CourtTyson, J.
An offer to return the horse in a reasonable time, if there \v.as a breach of the Avarranty or a fraud practiced on the plaintiff, after the breach or fraud was discovered, is equivalent in its effect upon the remedy to an offer accepted by the seller, and the contract is rescinded. In other Avords, such an offer made Avithin a reasonable time after a discovery of the fraud or breach of AA’arranty, Avas just as effectual to rescind the contract of exchange as if the defandant had accepted it. — Bur-nett v. Stanton, 2 Ala. 189 ; Jemison v. Woodruff, 34 Ala. 143, 146 ; Dill v. Camp, 22 Ala. 259…
2Cases cited5 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Dill v. CampSupreme Court of Alabama · 1853
- Jones v. CowlesSupreme Court of Alabama · 1855
- Jemison v. Woodruff & BeachSupreme Court of Alabama · 1859
- Samples v. GuyerSupreme Court of Alabama · 1898
3Cited by15 opinions
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Continental Jewelry Co. v. Pugh Bros.Supreme Court of Alabama · 1910
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- McCoy v. PrinceAlabama Court of Appeals · 1914
- Comer v. FranklinSupreme Court of Alabama · 1910
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