Lowe Armstrong v. Shinault
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action by I. W. Shinault against Lowe & Armstrong. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act of April 18, 1911, p. 449.
1Opinion of the CourtThomas, J.
The action was for the purchase price of a mule. The trial was had on' the plea of the general issue, “with leave to offer evidence of any defense” to' said cause of action. The real defense, as stated by counsel, was that the defendants rescinded the contract of purchase because of deceit practiced on them by the plaintiff, in representing the mule to be “sound,” whereas is was not sound “in a material respect.” When the evidence was concluded, the court gave the affirmative charge at plaintiff’s reguest.
The evidence tending to show rescission of the sale and return of the animal was the…
2Cases cited8 opinions
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- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
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3Cited by7 opinions
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