Rose v. Lewis
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by Alfred Rose against James A. Lewis. From a judgment for defendant, plaintiff appeals. The court erred in overruling plaintiff’s, demurrer to pleas alleging fraud, aud in refusing plaintiff’s fifth requested instruction. — Whiting v. Davidge, 23 App. Deo. 156; Grim v. Grim, 85 Am.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Assumpsit by Alfred Rose against James A. Lewis. From a judgment for defendant, plaintiff appeals. The court erred in overruling plaintiff’s, demurrer to pleas alleging fraud, aud in refusing plaintiff’s fifth requested instruction. — Whiting v. Davidge, 23 App. Deo. 156; Grim v. Grim, 85 Am. St. Rep. 521; Grim v. Griffith, 73 N. E. 198; Powers v. Powers, 80 Pac. 839. The court should have sustained the demurrers to plea A to the 11th and 12th, counts. Chitty on Pleading pp. 572-73; Burns v. Moragne, 128 Ala. 493; Addison…
1Opinion of the CourtDowdell, J.
— The contract sued on was in writing and signed by the parties. The second plea was an attempt to set up fraud in the execution of the contract. It is alleged that the plaintiff, by whom the contract Avas drawn, fraudulently inserted in the schedule of lumber items contained in the contract an item of 200,000 feet of lumber at $15 per thousand, which the defendant had not agreed to sell at that price. There is no pretense of the existence of any confidential relations between the parties. The parties were dealing at arm’s length Avith each other. There is no charge of any false statements or…
2Cases cited3 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Syson & Co. v. Hieronymus Bros.Supreme Court of Alabama · 1900
3Cited by8 opinions
- Potter v. First Real Estate Co., Inc.Supreme Court of Alabama · 2002
- Holman v. Joe Steele Realty, Inc.Supreme Court of Alabama · 1986
- Wright v. J. A. Richards & Co.Supreme Court of Alabama · 1926
- Hartford Fire Ins. Co. v. IngramSupreme Court of Alabama · 1927
- AmerUs Life Insurance Co. v. SmithSupreme Court of Alabama · 2008
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