M. C. Kiser Co. v. Pope
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Action by the M. O. Kiser Company against S. H. Pope for damages for obtaining goods, wares, or merchandise by false or fraudulent misrepresentation. Judgment for defendant, and plaintiff appeals. .The plaintiff sold to D. D. Hammond & Co. a bill of shoes, which bill has never been paid for.
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Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. Action by the M. O. Kiser Company against S. H. Pope for damages for obtaining goods, wares, or merchandise by false or fraudulent misrepresentation. Judgment for defendant, and plaintiff appeals. .The plaintiff sold to D. D. Hammond & Co. a bill of shoes, which bill has never been paid for. S. H. Pope was a member of the firm, and when the goods were ordered a certain statement was handed him by the salesman to be filled out and signed and to accompany the order for the goods. This statement was filled out and signed in the…
1Opinion of the CourtSamford, J.
[1] This ease was tried by the judge without the intervention of a jury, and hence every presumption will be indulged in favor of his finding.
[2] The mere failure of a party, filling out a printed form at the instance of the representative of a wholesale merchant!, from whom he is obtaining credit for the purchase of merchandise, to fill out one of the blanks' at the end of one or more of the questions in the blank form, does not necessarily and of itself constitute a representation, upon which there can be based an action for fraud and-deceit.
We have examined the record in this case, and…
2Cited by2 opinions
- J. R. Raible Co. v. City Bank & Trust Co.Alabama Court of Appeals · 1927
- Milner v. J.H. Lewis SonAlabama Court of Appeals · 1925