Franke v. Riggs
Supreme Court of Alabama
Action by Purchaser of Land to recover Purchase-money Paid; Plea of Set-off for Balance Unpaid. Appeal from the City Court of Decatur. Tried before the Hon. Wii. H. Simpson.
1Opinion of the CourtColeman, J.
— Appellants sued defendants to recover back $912.50 purchase-money, which had been paid as part payment for the purchase of a lot. The defendants pleaded by way of set-off the balance due on the purchase, and recovered judgment on their plea of set-off against the plaintiffs for the amount claimed. Plaintiffs rested their right to recover back the purchase-money, upon two grounds: first, because the contract for the purchase of the lot was in parol; second,. because their vendors had no title to a part of the lot, and the remainder was useless for the purposes for which it was purchased.
The…
2Cases cited8 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Tedder v. SteeleSupreme Court of Alabama · 1881
- Strong v. WaddellSupreme Court of Alabama · 1876
- Garner, Neville & Co. v. LeverettSupreme Court of Alabama · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Greenberg v. RaySupreme Court of Alabama · 1926
- McKinnon v. MixonSupreme Court of Alabama · 1900
- West v. McKaySupreme Court of Alabama · 1932
- Heflin v. PhillipsSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.