Pearson v. Heard
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. This was an action brought by the appellee, William H. Heard, against the appellant, C. L. Pearson, and counted upon a promissory note.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. This was an action brought by the appellee, William H. Heard, against the appellant, C. L. Pearson, and counted upon a promissory note. The defendant pleaded the following special plea: “12. For plea and answer to the complaint filed in this cause the defendant says, that the note sued on in this case was given for part of the purchase money for 234 acres of land, which the plaintiff sold to the defendant for the sum. of $700 in four annual payments of $175 each, all of which have been paid except the note sued…
1Opinion of the CourtHaralson, J.
It i.s well settled, that if a contract is not for the sale of a specific quantity of land, but is for the sale of a specified tract, or a designated lot, or parcel, by name or description, for a gross.' sum, and the transaction' is bona fide, a mutual mistake as to quantity, but not as to the boundaries, will not entitle the purchaser to compensation, and will not be a ground for rescission. In such cases, where the sale is not at a. specified price by the foot or acre., “the purchaser is entitled to the quantity contained within the designated boundaries of the grant, be it more or less,…
2Cases cited5 opinions
- Hodges v. DennySupreme Court of Alabama · 1888
- Winston v. BrowningSupreme Court of Alabama · 1878
- Wright v. WrightSupreme Court of Alabama · 1859
- Rogers v. PeeblesSupreme Court of Alabama · 1882
- Hess v. CheneySupreme Court of Alabama · 1887
3Cited by8 opinions
- Bankhead v. JacksonSupreme Court of Alabama · 1952
- Terry v. RichSupreme Court of Alabama · 1916
- Brassell v. FiskSupreme Court of Alabama · 1907
- Speedway Enterprises, Inc. v. HartsellArizona Supreme Court · 1952
- Cox v. CollinsSupreme Court of Alabama · 1921
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