Burroughs v. Pacific Guano Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hou. S. H. Sprott. This was an action by the appellee, the Pacific Guano Company, against the appellant, James B. Burroughs, on a note given by him to appellee for $94.50, in payment for fourteen sacks of Soluble Pacific Guano.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hou. S. H. Sprott. This was an action by the appellee, the Pacific Guano Company, against the appellant, James B. Burroughs, on a note given by him to appellee for $94.50, in payment for fourteen sacks of Soluble Pacific Guano. The note contained the following provision: “The undersigned, having been for years acquainted with the agricultural value of said fertilizer, purchases same upon his own judgment, and without warranty of vendor, and with all faults at purchaser’s risk, the seller making no representations as to value,…
1Opinion of the CourtSomerville, J.
— Where a person signs an instrument without reading it, or if he can not read, without asking to have it read to him, the legal effect of the signature can not be avoided by showing his ignorance of its contents, in the absence of some fraud, deceit, or misrepresentation having been practised upon him. But the rule is otherwise, and the instrument will be held void, where its execution is obtained by a misrepresentation of its contents — the party signing a paper which he did not know he was signing, and did not really intend to sign. It is immaterial, in the latter aspect of the case, that…
2Cases cited6 opinions
- Baker v. . LeverNew York Court of Appeals · 1876
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Jackson v. CollinsMichigan Supreme Court · 1878
- Johnson v. CookSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Oakwood Mobile Homes, Inc. v. BargerSupreme Court of Alabama · 2000
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Alabama MacHinery & Supply Co. v. CaffeySupreme Court of Alabama · 1925
- Illinois Cent. R. Co. v. JohnstonSupreme Court of Alabama · 1920
22 more not listed; retrieve them via the Exa API.