Jordan & Sons v. Pickett
Supreme Court of Alabama
Appeal from. Eullock Circuit Court. Tried before the ITon. IT. D. Clayton. This action was brought by E. W. Pickett against Jordan & Sons, to recover damages for fraud alleged to have been committed by them in the sale of a mortgage, given by one Giles Williams to Jordan & Sons, by withholding from him the fact that a mule, embraced in the mortgage, had been traded by Williams, and that one then in his possession was not covered by it.
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Appeal from. Eullock Circuit Court. Tried before the ITon. IT. D. Clayton. This action was brought by E. W. Pickett against Jordan & Sons, to recover damages for fraud alleged to have been committed by them in the sale of a mortgage, given by one Giles Williams to Jordan & Sons, by withholding from him the fact that a mule, embraced in the mortgage, had been traded by Williams, and that one then in his possession was not covered by it. Joe Pickett, a brother of plaintiff, testified that about the first of January, 1883, Giles Williams moved on plaintiff’s plantation, on which plaintiff then…
1Opinion of the CourtClopton, J.
The fraud, which entitles a purchaser of property to a right, of action for deceit, ordinarily, consists in the misrepresentation or concealment of a material fact, on which he has a right to rely, and does rely, operating an inducement to the contract, and whereby he is deceived and injured. It is not indispensable that the misrepresentation or concealment shall be the sole inducement; it is sufficient if it materially contributes, and is of such character that the purchaser would not have consummated the contract, had he known the falsity of the statement, or the fact suppressed. ! In case…
2Cases cited4 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Tesney v. StateSupreme Court of Alabama · 1884
- Steele v. KinkleSupreme Court of Alabama · 1842
- Dill v. StateSupreme Court of Alabama · 1854
3Cited by68 opinions
- Bank of Red Bay v. KingSupreme Court of Alabama · 1985
- SHADES, ETC. v. Cobbs, Allen & Hall Mortg. Co.Supreme Court of Alabama · 1980
- Ray v. MontgomerySupreme Court of Alabama · 1980
- Henson v. Celtic Life Ins. Co.Supreme Court of Alabama · 1993
- Cartwright v. BralySupreme Court of Alabama · 1928
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