Fagan Peel Co. v. Harrison Co.
Alabama Court of Appeals
Appeal from Circuit Court, Choctaw County ; Ben D. Turner, Judge. Action in assumpsit and deceit by the Harrison Company, Limited, against the Fagan Peel Company, a corporation, for fraud in the sale of an automobile. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear.
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Appeal from Circuit Court, Choctaw County ; Ben D. Turner, Judge. Action in assumpsit and deceit by the Harrison Company, Limited, against the Fagan Peel Company, a corporation, for fraud in the sale of an automobile. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charges.were refused to defendant: (2) I charge you that, defendant being a foreign corporation not qualified to do business in this state, it cannot be held liable in this suit, if this trade as to the automobile was made in the name of R. W. Fagan, and defendant had nothing to do with…
1Opinion of the CourtSamford, J.
[1,2] The plaintiff contends, and his evidence tends to support his contention, that hé puchased from the defendant a new Maxwell car; that it was represented to him by the defendant or its duly authorized agent as such; that, relying upon this statement, he paid the defendant the price ¿greed upon, which was $700, either in money or in property which was agreed at the time to be worth that much, and which the defendant accepted as $700; that the car delivered was not a new car, but was a used car and damaged; that, when plaintiff discovered the deceit, he rescinded the trade, so notified the…
2Cases cited4 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Kellar v. Jones & WeedenSupreme Court of Alabama · 1916
- Barnes v. MarshallSupreme Court of Alabama · 1915
3Cited by4 opinions
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
- White v. JacksonAlabama Court of Appeals · 1953
- Brush v. RountreeAlabama Court of Appeals · 1947
- Kahalley v. StaplesAlabama Court of Appeals · 1957