Brown v. Freeman & Bynum
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. James E. Cobb. This action was brought by Freeman & Bynum, suing as late partners, against Lewis G-. Brown and Preston Brown; was commenced on the 6th May, 1881, and was founded on the defendants’ written obligation, or note under seal, in these words: “Twelve months after date, we, or either of us, promise to pay to S. B. Donaldson & P. G. McClure the sum of two hundred and fifty dollars, for value received of…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. James E. Cobb. This action was brought by Freeman & Bynum, suing as late partners, against Lewis G-. Brown and Preston Brown; was commenced on the 6th May, 1881, and was founded on the defendants’ written obligation, or note under seal, in these words: “Twelve months after date, we, or either of us, promise to pay to S. B. Donaldson & P. G. McClure the sum of two hundred and fifty dollars, for value received of them in territory in the Gibbs Patent Eureka Ghurn-dasher; the said Donaldson & McClure agreeing to take stock, should…
1Opinion of the CourtSomeryille, J.
If a vendor of chattels misrepresents a material fact, at the time of, or pending the negotiation for the sale, on which the purchaser has the right to rely, and in fact relies as an inducement to the trade, this is a fraud, which will furnish a ground of defense to an action for the purchase-money7, or even a cause of action in favor of the purchaser, as the case may he.—Tabor v. Peters, 74 Ala. 90; Sledge v. Scott, 56 Ala. 202; Benj. on Sales, 3d Ed., § 454.
To constitute a representation which is in the nature of an expressed opinion, a ground of fraud, it' must be shown to have been…
2Cases cited10 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Tabor v. PetersSupreme Court of Alabama · 1883
- Sledge v. ScottSupreme Court of Alabama · 1876
- Perry v. JohnstonSupreme Court of Alabama · 1877
- Bradford v. BushSupreme Court of Alabama · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Moses v. Katzenberger & SonsSupreme Court of Alabama · 1887
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- McCoy v. PrinceAlabama Court of Appeals · 1914
15 more not listed; retrieve them via the Exa API.