Baker v. Clark
Alabama Court of Appeals
Appeal from Tuscaloosa Circuit Court. Heard before Hon. Bernard Harwood. Action by Fred Clark against J. E. Baker, revived in the name of Carrie A. Baker, as administratrix. Judgment for the plaintiff, and defendant’s administratrix appeals. All the counts, except 4, 6, and 7, as amended, were withdrawn, and trial was had upon the same.
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Appeal from Tuscaloosa Circuit Court. Heard before Hon. Bernard Harwood. Action by Fred Clark against J. E. Baker, revived in the name of Carrie A. Baker, as administratrix. Judgment for the plaintiff, and defendant’s administratrix appeals. All the counts, except 4, 6, and 7, as amended, were withdrawn, and trial was had upon the same. These counts alleged, in effect, that by and through his agent, Baker entered into negotiations with plaintiff, with the object and for the purpose of selling to plaintiff all of the merchantable timber 10 inches and upward in diameter at the stump upon…
1Opinion of the Court
THOMAS, J.(1) “In all actions of deceit knowledge of the falsehood constitutes an essential element; but a fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, • is equivalent to knowledge of the falsehood.” — Code, § 2469; Hockensmith v. Winton, 11 Ala. App. 670, 66 South. 955; McCoy v. Prince, 11 Ala. App. 388, 66 South. 950; Kilby Locomotive & Machine Works v. Lacy & Son, 12 Ala. App. 464, 67 South. 754; Moon v. Benton, 13 Ala. App. 473, 68 South. 589.
The complaint in such actions must therefore allege, either expressly…
2Cases cited21 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thrams v. BlockNew Mexico Supreme Court · 1938
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Standard Oil Co. of Kentucky v. GunnSupreme Court of Alabama · 1937
- Spalding Mfg. Co. v. LarrenAlabama Court of Appeals · 1918
- Gulf Electric Co. v. FriedSupreme Court of Alabama · 1928
2 more not listed; retrieve them via the Exa API.