Bradfield v. Elyton Land Co.
Supreme Court of Alabama
Bill in Equity !>y Purchaser, for Rescission of Contract of Sale. Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in'this case was filed on the 25th July, 1888, by L. Bradfield against the Elyton Land Company, and sought the rescission of a contract for the purchase by complainant from •said company of certain lots or parcels of land in Birmingham.
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Bill in Equity !>y Purchaser, for Rescission of Contract of Sale. Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in'this case was filed on the 25th July, 1888, by L. Bradfield against the Elyton Land Company, and sought the rescission of a contract for the purchase by complainant from •said company of certain lots or parcels of land in Birmingham. The contract was made in December, 1886, and was negotiated between complainant and Dr. IT. M. Caldwell, who was then the president of the defendant company, and acted as its agent. The agreed price was…
1Opinion of the CourtColeman, J.
— The purpose of the bill was to obtain the ¡rescission oí a contract entered into for the sale of land. The principles of law necessary to be considered for a proper decision of this cause are familiar, and of easy application to the facts as they appear in the record.
So far as the representations alleged to have been made by IT. M. Caldwell, that said “Belt Line Nailroad was located on said Tenth avenue, and was then being built and operated as *529a permanent road,” and that such representation “amounted to an engagement, and formed part of the consideration, and an addilional consideration…
2Cases cited3 opinions
- Griel v. LomaxSupreme Court of Alabama · 1889
- Montgomery Southern Railway Co. v. MatthewsSupreme Court of Alabama · 1884
- Lake v. Security Loan Ass'nSupreme Court of Alabama · 1882
3Cited by13 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Birmingham Broadcasting Co. v. BellSupreme Court of Alabama · 1953
- Shepherd v. KendrickSupreme Court of Alabama · 1938
- Stone v. WalkerSupreme Court of Alabama · 1917
- Christie v. PattonSupreme Court of Alabama · 1906
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