Allgood v. Bank of Piedmont
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Tried before the Hon. James E. Dowdell. The bill in this case was filed by the appellee, the Bank of Piedmont, against the appellant, J. P. Allgood, for the purpose of enforcing a vendor’s lien upon certain lots situated in the town of Piedmont.
Read the full summary
Appeal from the Chancery Court of Calhoun. Tried before the Hon. James E. Dowdell. The bill in this case was filed by the appellee, the Bank of Piedmont, against the appellant, J. P. Allgood, for the purpose of enforcing a vendor’s lien upon certain lots situated in the town of Piedmont. The bill was filed on August 15th, 1895, and averred that on January 6th, 1890, the Piedmont Land & Improvement Company, a corporation with its office and principal place of business at Piedmont, Alabama, sold to the respondent, J. P.‘Allgood, two certain lots in said town ; that there was a part cash payment…
1Opinion of the CourtHaralson, J.
1. The defense attempted to be set up by defendant, in his original answer, so far as the same is made a cross-bill, is without any merit, on the facts presented. The right to rescind a contract because of fraudulent representations, to be available must be promptly asserted. The person who claims to have been misled, “is required, as soon as he learns the truth, *425with all reasonable diligence to disaffirm the contract, or abandon the transaction, and give the other party an. opportunity of rescinding it, and restoring both of them to their original position. He is not allowed to go on and…
2Cases cited8 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Birmingham Warehouse & Elevator Co. v. Elyton Land Co.Supreme Court of Alabama · 1890
- Goree v. ClementsSupreme Court of Alabama · 1891
- Sheffield Land, Iron & Coal Co. v. NeillSupreme Court of Alabama · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Kimbrell v. StateSupreme Court of Alabama · 1961
- Romanoff Mining Co. v. CameronSupreme Court of Alabama · 1902
- Albert v. NixonSupreme Court of Alabama · 1934
- Allgood v. Bank of PiedmontSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.