Dixon v. Barclay
Supreme Court of Alabama
Error to the Circuit Court of Talladega- Tried before the Hon. Robert Dougherty. This was an action on the case, by Barclay against Dixon, as survivor of Cunningham & Dixon.
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Error to the Circuit Court of Talladega- Tried before the Hon. Robert Dougherty. This was an action on the case, by Barclay against Dixon, as survivor of Cunningham & Dixon. The first count avers, that Barclay sold to the firm of Cunningham & Dixon, a slave named Butler, at the price of $425, which was a sum below his real value; that he did so in consideration of the promise of the defendants that they would remove the slave from this State to Texas; that, at the time they made this promise, they intended to deceive and defraud the plaintiff in that behalf, and have not removed the slave,…
1Opinion of the CourtPhelan, J.
The first three counts in the declaration were counts in case, and not in assumpsit, as has been argued by the plaintiff in error. Although in these counts the plaintiff sets forth a contract between himself and the defendant, this was only as matter of inducement, opening the way to the statement of the gravamen of his action, which is the fraud and deceit alleged to have been practiced upon him by the defendant, at the time the contract set out was made, and which consists in the secret and fraudulent purpose he then entertained, as it is alleged, of violating that stipulation of the…
2Cases cited2 opinions
- Barney v. DeweyNew York Supreme Court · 1816
- Graham v. LockhartSupreme Court of Alabama · 1845
3Cited by23 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Hodgkins v. DunhamCalifornia Court of Appeal · 1909
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
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