Riddle v. Webb
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. JohN B. Tally. This action was brought by the appellee, L. T. Webb, against the appellant, Benjamin Riddle, to recover damages for breach of warranty in the sale of a mule ; the alleged breach being that said mule was unsound in eyesight, which was not discernible by ordinary observation ; and that the salé was made by reason of the fraudulent misrepresentations of the defendant that said mule was wholly sound.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. JohN B. Tally. This action was brought by the appellee, L. T. Webb, against the appellant, Benjamin Riddle, to recover damages for breach of warranty in the sale of a mule ; the alleged breach being that said mule was unsound in eyesight, which was not discernible by ordinary observation ; and that the salé was made by reason of the fraudulent misrepresentations of the defendant that said mule was wholly sound. The defendant pleaded that the mule was sound ; that he did not warrant the soundness of the mule ; that he made no…
1Opinion of the CourtHead, J.
If during the negotiation of the trade plaintiff said to defendant, “If there is anything wrong with these mules not discernible, I want you to tell me,” and defendant said they were as sound as a dollar, it can not be affirmed as matter of law that the statement of the defendant was the mere expression of an opinion. The defendant was not called upon to express an opinion, but he was required to state absolutely whether there was anything wrong with the mules not discernible or not. And the defendant responded absolutely that they were as sound as a dollar.- If" the trade was made upon faith…
2Cases cited2 opinions
- Hurd v. StateSupreme Court of Alabama · 1891
- White v. Craft & Co.Supreme Court of Alabama · 1890
3Cited by2 opinions
- Davidson v. StateSupreme Court of Alabama · 1910
- Bailey v. StateAlabama Court of Appeals · 1927