Hafer v. Cole
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by L. J. Cole against Savilla F. Hafer to rescind a contract for fraud, and to compel a reconveyance of land. Prom a decree overruling demurrer to the bill respondent appeals.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by L. J. Cole against Savilla F. Hafer to rescind a contract for fraud, and to compel a reconveyance of land. Prom a decree overruling demurrer to the bill respondent appeals. In a bill for rescission, it must be shown either that defendant is insolvent, or that some fraud or misrepresentation was practiced by respondent in making sale. — Yarbrough v. Thornton, 147 Ala. 222; 8 Mayf. 218. The contract was in writing, and expressed no warranty, but if an implied warranty exists as in every sale, then the vendee must…
1Opinion of the CourtSomerville, J.
The bill of complaint, as amended, shows that the respondent, Savilla F. Hafer, in August, 1910, sold and conveyed to the complainant an automobile for the price of $900, and received as a cash payment $75 in money, and also an automobile at the agreed value of $375. Afterwards complaint and his wife conveyed to respondent a lot of land at the agreed value of $400 as a payment on the balance due her; and for the remaining balance of principal and interest complainant, on November 30, 1910, executed his note for $60, .payable six months after date. The contract of sale was in writing, and…
2Cases cited19 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Copeland v. McAdorySupreme Court of Alabama · 1892
- Woodbury v. StateSupreme Court of Alabama · 1881
- Merritt v. EhrmanSupreme Court of Alabama · 1896
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
14 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- King v. Livingston Manufacturing Co.Supreme Court of Alabama · 1915
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Stone v. WalkerSupreme Court of Alabama · 1917
29 more not listed; retrieve them via the Exa API.