Hutchinson v. Bozeman
Alabama Court of Appeals
Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by Lula G. Hutcliinson against R. H. Bozeman for deceit in the sale of land. From a judgment sustaining demurrers to the complaint, plaintiff appeals. Count 1 is as follows: Plaintiff claims of defendant the sum of $500 for deceit in the sale of two lots, which defendant at the time of the sale knew to be situated in a low, flat place, and of practically no value.
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Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by Lula G. Hutcliinson against R. H. Bozeman for deceit in the sale of land. From a judgment sustaining demurrers to the complaint, plaintiff appeals. Count 1 is as follows: Plaintiff claims of defendant the sum of $500 for deceit in the sale of two lots, which defendant at the time of the sale knew to be situated in a low, flat place, and of practically no value. Count 2: Plaintiff claims of defendant the further sum of $500 damages for the breach of an agreement entered into by him on February 29, 1912, in substance as…
1Opinion of the CourtBricken, J.
The question presented by the record is not whether the plaintiff has a good cause of action, but whether such a cause has been properly stated in her complaint. The trial court held each of the four counts subject to some of the demurrers interposed, not stating the grounds on which the judgment was based. Plaintiff thereupon took a nonsuit, and seeks here tó review the rulings mentioned.
[1] The first count fails to state many of the essential elements of a cause of action for deceit in the sale of land. Wall v. Graham, 192 Ala. 396, 68 South. 298; King v. White, 119 Ala. 429, 24 South. 710;…
2Cases cited3 opinions
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
- Wall v. GrahamSupreme Court of Alabama · 1915
- King v. WhiteSupreme Court of Alabama · 1898
3Cited by2 opinions
- Berry v. WooddyAlabama Court of Appeals · 1918
- Hawkins v. People's Trust & Sav. BankSupreme Court of Alabama · 1926