New Orleans & Ala. Coal & Mining Co. v. Musgrove
Supreme Court of Alabama
Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. Bill in equity of L. B. Musgrove and J. O. Musgrove, against the New Orleans & Alabama Coal & Mining Company, and Ered. Sloss as trustee, to enforce- a vendor’s lien on land for a balance of purchase-money alleged to be due and unpaid; cross-bill for rescission of contract, on ground of misrepresentation of material facts.
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Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. Bill in equity of L. B. Musgrove and J. O. Musgrove, against the New Orleans & Alabama Coal & Mining Company, and Ered. Sloss as trustee, to enforce- a vendor’s lien on land for a balance of purchase-money alleged to be due and unpaid; cross-bill for rescission of contract, on ground of misrepresentation of material facts. On final hearing, on pleadings and proof, the chancellor dismissed the cross-bill, and rendered a decree for the complainants as prayed in the original bill; and his decree is here assigned as…
1Opinion of the Court
OLOPTON, J__
No principle is better settled, or more uniformly recognized, than that a court of equity will interfere to ■ rescind a contract of sale of land, into which the purchaser has-been induced to enter by the vendor’s false representations of' material facts, not patent or open to his inspection, upon which he had a right to rely, and did rely, whereby he was injured,. and without the existence of which the contract would not have been made. But the rescission of a contract is not a. matter of discretion; the court must be governed by established rules and precedents. Essential…
2Cases cited1 opinion
- Crown v. CarrigerSupreme Court of Alabama · 1880
3Cited by9 opinions
- Western Grain Company CasesSupreme Court of Alabama · 1955
- Southern Land Development Co. v. MeyerSupreme Court of Alabama · 1935
- Union Cemetery Co. v. JacksonSupreme Court of Alabama · 1914
- Johnson v. RogersSupreme Court of Alabama · 1896
- Graybill v. DrennenSupreme Court of Alabama · 1907
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