Sledge v. Scott
Supreme Court of Alabama
Appeal from the City Court of Lee. Tried before the Hon. John M. Chilton. This action was brought by T. L. Scott, against J. C. Sledge and S. J. Sledge; was commenced on the 12th April, 1873; and was founded on a promissory note for $500, signed by said defendants and one J. J. Smith (as to whom the action was discontinued), dated the 16th November, 1872, and payable to the plaintiff, or bearer, on the 15th March, 1873; which was given for the purchase-money of a carriage…
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Appeal from the City Court of Lee. Tried before the Hon. John M. Chilton. This action was brought by T. L. Scott, against J. C. Sledge and S. J. Sledge; was commenced on the 12th April, 1873; and was founded on a promissory note for $500, signed by said defendants and one J. J. Smith (as to whom the action was discontinued), dated the 16th November, 1872, and payable to the plaintiff, or bearer, on the 15th March, 1873; which was given for the purchase-money of a carriage and pair of horses, sold by plaintiff to said J. C. Sledge on said 16th November, 1872. The defendants pleaded — 1st, the…
1Opinion of the CourtBbickell, C. J.
The law, as settled in this State, is, that a misrepresentation by a vendor of chattels, of a material fact, made at the time of, or pending the negotiation for the sale, on which the purchaser has the right to rely, and in fact relies, is a fraud, furnishing a cause of action to the purchaser, or a ground of defense to an action for the purchase-money. If the representation is not a mere expression *206of opinion, but the affirmation of a fact, it is not material whether the vendor knew, or had means of knowing it to be untrue, or that he made it in ignorance of the fact. The affirmation of that…
2Cases cited5 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Bradford v. BushSupreme Court of Alabama · 1846
- Blackman v. JohnsonSupreme Court of Alabama · 1859
- Williams v. CannonSupreme Court of Alabama · 1846
3Cited by22 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- Hafer v. ColeSupreme Court of Alabama · 1912
- Gulf Electric Co. v. FriedSupreme Court of Alabama · 1928
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