Thweatt v. McLeod
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam 0. Felder. The original bill in this case was filed on the 13th April, 1872, by Sydney McLeod, against Hiram Thewatt, and sought to enforce a vendor’s lien on land for tbe unpaid balance of the purchase-money.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam 0. Felder. The original bill in this case was filed on the 13th April, 1872, by Sydney McLeod, against Hiram Thewatt, and sought to enforce a vendor’s lien on land for tbe unpaid balance of the purchase-money. The land contained about two hundred and twenty aeres, and was sold and conveyed to said Hiram Thweatt by Norman McLeod, on the 23d August, 1867, for twelve bales of cotton, to be delivered as follows : two bales on the 1st January, 1868, two bales on the 1st January, 1869, and eight bales.on the 1st January, 1870;…
1Opinion of the Court
BBIOXELL, O. J.
A misrepresentation of a material fact, on which another has a right to rely, whether made willfully and intentionally, or from mistake, inadvertence, or ignorance, will operate to avoid a contract founded on it.— Juzan v. Toulmin, 9 Ala. 662; Munroe v. Pritchett, 16 Ala. 785. The party injured by it has his election, either to rescind the contract, or, affirming it, to recover damages for the injury, or insist on it as matter of defense to an action founded on the contract. — Kerr on Fraud, 330.
The misrepresentation of which appellant complains was, that the tract of land…
2Cases cited6 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Gilmer v. WareSupreme Court of Alabama · 1851
- Pierce v. WilsonSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Tedder v. SteeleSupreme Court of Alabama · 1881
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