Nelson v. Wood
Supreme Court of Alabama
Appeal from Olay Circuit Court. Tried before Hon. Henry D. Clayton. This was an action brought by the appellee, E. B. Wood, against the appellant, James M. Nelson, to recover damages for the conversion of a certain promissory note.
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Appeal from Olay Circuit Court. Tried before Hon. Henry D. Clayton. This was an action brought by the appellee, E. B. Wood, against the appellant, James M. Nelson, to recover damages for the conversion of a certain promissory note. On the trial, Wood, as a witness for himself, testified that in the spring of 1874 be purchased of Nelson the right to use “ Peters’ Eureka Tanning Process,” in the county of Chambers, in this State, for which he paid him the note described in the complaint, and received from him a deed of the right to use said process in Chambers county, and also printed…
1Opinion of the CourtBrickell, C. J.
1. A purchaser, imposed on by the fraud of the vendor, may repudiate the contract of sale upon the discovery of the fraud, and recover back the money or *177tilings given as the consideration. The fraud may not be actual — it may consist in the representations. by the vendor of the quality of the thing sold — representations not known to be -untrue, but which prove untrue, on which the vendee relied, and had the right to rely. The fact that the contract of sale is in writing, does not preclude the admission of parol evidence of the fraud or the misrepresentation. — Cozzens v. Whitaker, 3 St. &…
2Cases cited7 opinions
- Tullis v. KiddSupreme Court of Alabama · 1847
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Cheek v. StateSupreme Court of Alabama · 1862
- Blackman v. JohnsonSupreme Court of Alabama · 1859
- Winter & Co. v. BurtSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Tabor v. PetersSupreme Court of Alabama · 1883
- Environmental Systems v. Rexham Corp.Supreme Court of Alabama · 1993
- Tedder v. SteeleSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.