Hockensmith v. Winton
Alabama Court of Appeals
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Wm. H. Winton against J. H. Hockensmitk for deceit. Judgment- for plaintiff, and defendant appeals.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Wm. H. Winton against J. H. Hockensmitk for deceit. Judgment- for plaintiff, and defendant appeals. Count 1, directed to be set out, is as follows: Plaintiff claims of defendant $1,500 damages, with interest thereon, for that whereas, on or about October 22, 1910, plaintiff and defendant entered into a contract whereby defendant undertook to sell to plaintiff, and plaintiff undertook to buy from defendant, for a consideration of $1,800, an undivided one-half interest in a lot of personal property consisting of a stock…
1Opinion of the CourtThomas, J.
Sections 4298 and 4299 of the Code, found in the chapter thereof entitled “Frauds and Perjuries,” read: “(4298) Misrepresentation of a material fact, made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake mid mnocently, and acted on by the opposite party, constitutes legal fraud.
“(4299) Suppression of a fact material to be known, and which the party is under obligation to communicate, constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties, or from the particular circumstances of…
2Cases cited9 opinions
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Hafer v. ColeSupreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885
- McCoy v. PrinceAlabama Court of Appeals · 1914
- Louisville & Nashville Railroad v. DancySupreme Court of Alabama · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fed. Sec. L. Rep. P 96,189 First Virginia Bankshares v. Alan BensonCourt of Appeals for the First Circuit · 1977
- Ex Parte LumpkinSupreme Court of Alabama · 1997
- Cartwright v. BralySupreme Court of Alabama · 1928
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- ARMY AVIATION CTR. FED. CREDIT U. v. PostonSupreme Court of Alabama · 1984
13 more not listed; retrieve them via the Exa API.