Maxwell v. Sherman
Supreme Court of Alabama
Fraud and Deceit. Appeal from Marshall Circuit Court. Heard before Hon. A. H. Alston. Suit by C. K. Maxwell against James R. Sherman for fraud and deceit. Judgment sustaining demurrer to the complaint, and plaintiff appeals. The complaint contained 14 counts, some of which claim in various phraseology damages for misrepresentation and fraud in the sale of certain property within the town of Albertville.
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Fraud and Deceit. Appeal from Marshall Circuit Court. Heard before Hon. A. H. Alston. Suit by C. K. Maxwell against James R. Sherman for fraud and deceit. Judgment sustaining demurrer to the complaint, and plaintiff appeals. The complaint contained 14 counts, some of which claim in various phraseology damages for misrepresentation and fraud in the sale of certain property within the town of Albertville. The others in varying phraseology claim damages for the breach of the contract in the sale of the practice and good will of the defendant as a physician to the plaintiff as a physician,…
1Opinion of the Court
■ SIMPSON, J.
This is an action by the appellant against the appellee for damages for the breach of a •contract to sell land and the good will of a practicing physician. Some of the counts claimed damages for the fraud and deceit of the defendant in representing that the practice which he was selling to the plaintiff was very much more lucrative than it really was, and other counts claimed damages for the fraud and deceit of the defendant in representing to the plaintiff that all of the land included in the fence around the property purchased belonged to the defendant and would go with the…
2Cases cited16 opinions
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