Barbour v. Poncelor
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by Ben F. Barbour against D. J. Poncelor in deceit and breach of contract. Because of adverse rulings on‘the pleading, plaintiff took a nonsuit and appeals.
Read the full summary
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by Ben F. Barbour against D. J. Poncelor in deceit and breach of contract. Because of adverse rulings on‘the pleading, plaintiff took a nonsuit and appeals. The contract directed to he set out is as follows: Articles of agreement and contract by and between D. J. Poncelor of Birmingham, Ala., party of the first part, and Ben F. Barbour, of Birmingham, Ala., party of the second part, witnesseth: That D. J. Poncelor is the owner of 125 shares of the capital stock of the Rye-Ola Company, which stock is of the par value of…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff (appellant) stated his case in several counts claiming damages for deceit practiced upon him by the defendant (appellee) in the sale to plaintiff of certain shares of capital stock in.a corporation on November 28, 1916, and in one count declaring upon the breach of this contract of sale. The defendant set up a written release of liability of the causes of action declared on, given, it is averred, on May 22, 1917, by the plaintiff to the defendant for a valuable consideration and purporting to conclude in most general, comprehensive terms, against the defendant’s liability…
2Cases cited7 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Thomason v. DillSupreme Court of Alabama · 1857
- Birmingham Railway L. & P. Co. v. HintonSupreme Court of Alabama · 1908
- Rabitte v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- Jehle-Slauson Const. Co. v. Hood-Rich Architects and Consulting EngineersSupreme Court of Alabama · 1983
- Boles v. BlackstockSupreme Court of Alabama · 1986
- Steenhuis v. HollandSupreme Court of Alabama · 1927
- Wright v. McCordSupreme Court of Alabama · 1920
20 more not listed; retrieve them via the Exa API.