Day v. Galloway
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Action on promissory note by H. L. Galloway against J. K. Day. Judgment for plain- tiff, and defendant appeals. The facts sufficiently appear in the separate opinions of the court. Payment of the purchase money for land sold under a bond for title cannot be enforced after rescission by the vendor. Frost v. Frost, 11 Me. 235; George v. Stockton, 1 Ala. 137; Winter v. Livingston, 13 Johns.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Action on promissory note by H. L. Galloway against J. K. Day. Judgment for plain- tiff, and defendant appeals. The facts sufficiently appear in the separate opinions of the court. Payment of the purchase money for land sold under a bond for title cannot be enforced after rescission by the vendor. Frost v. Frost, 11 Me. 235; George v. Stockton, 1 Ala. 137; Winter v. Livingston, 13 Johns. (N. T.) 54; Icely v. Grew, 6 N. & M.' 467; Frazier v. Ryan, 24 Out. App. 441; Sterman v. Thornton, 3 Ky. Law Rep. 540; Henderson v.…
1DissentBricken, P. J.
On the submission of this cause in this court'the record was assigned to the writer. The opinion originally presented in consultation, and which was prepared not without difficulty, ■ was not concurred in by the other members of the court, MERRITT, J., writing for the majority.
The majority opinion does not state the facts fully, fairly or correctly, as shown by the record, and, bearing in mind that no good purpose is served by the opinion of an appellate court if it doe§ not announce a rule of law applicable to the facts of that particular ease, I shall hereby state the facts as they should…
2Cases cited13 opinions
- Bankhead v. OwenSupreme Court of Alabama · 1877
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Micou v. AshurstSupreme Court of Alabama · 1876
- Lowery v. PetersonSupreme Court of Alabama · 1883
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