Orendorff v. Tallman
Supreme Court of Alabama
Appeal from the City Court of Decatur, in equity. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 30th March, 1889, by Mrs. Lucille A. Tallman and her husband, against G. B. Oréndorfl and the Decatur Land, Improvement and Furnace Company, a domestic corporation; and sought the rescission of a contract by which complainants purchased from said Orendorff two town lots in Decatur, or in the addition to the towm made by said defendant corporation.
Read the full summary
Appeal from the City Court of Decatur, in equity. Heard before the Hon. Wm. H. Simpson. The bill in this case was filed on the 30th March, 1889, by Mrs. Lucille A. Tallman and her husband, against G. B. Oréndorfl and the Decatur Land, Improvement and Furnace Company, a domestic corporation; and sought the rescission of a contract by which complainants purchased from said Orendorff two town lots in Decatur, or in the addition to the towm made by said defendant corporation. The contract for the purchase of the lots was made on the 15th December, 1887, the agreed price being $8,400; of which sum…
1Opinion of the CourtOlopton, J.
it is well settled, that a fraud committed on a vendee in the sale of land, by the false representations of the vendor affecting the Validity and sufficiency of his title, upon which the vendee had a right to rely, and did rely, and was thereby induced to enter into the contract, authorizes its rescission in equity, and a return of the purchase-money paid. Whether the representation was made with or without the knowledge of its falsity, is immaterial; in either event, the vendor is bound to make reparation for the injury. Neither does the fact that the purchaser has accepted a conveyance,…
2Cases cited7 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Foster v. Gressett's HeirsSupreme Court of Alabama · 1856
- Rimer v. DuganMississippi Supreme Court · 1860
- Bailey v. JordanSupreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Walling v. ThomasSupreme Court of Alabama · 1901
- Howle v. North Birmingham Land Co.Supreme Court of Alabama · 1891
- Rochell v. OatesSupreme Court of Alabama · 1941
- Brown v. LinnSupreme Court of Colorado · 1911
3 more not listed; retrieve them via the Exa API.