Maples v. Douglass
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by R. C. Douglass against I. L. Maples. Judgment for plaintiff, and defenclant appeals.
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Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Action by R. C. Douglass against I. L. Maples. Judgment for plaintiff, and defenclant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Court erred in overruling demurrers to count 3. Section 5334, Code 1907; 83 Ala. 388, 3 South. 769; 169 Ala. 573, 53 South. 797 ; 201 Ala. 593, 79 South. 22; 194 Ala. 489, 69 South. 897; 192 Ala. 274, 68 South. 897; S3 South. 11; 94 Ala. 488, 10 South. 222; 1 Ala. App. 599, 56 South. 22. Court should have directed a verdict for the defendant. Authorities supra. No…
1Opinion of the CourtSomerville, J.
[1] Where the vendee of a chattel, being so entitled, rescinds his purchase because of a defect in the chattel, with an accompanying tender of the chattel to the vendor, or offer to restore it, if actual tender is impracticable, the effect is to revest the title of the chattel in the vendor, and to entitle the vendee to a recovery of the consideration with which he had parted, and the refusal of the tender or offer does not change its effect. The vendee may in the latter case abandon the property or retain it in his custody, and if he retain it “he is considered merely the bailee of the…
2Cases cited9 opinions
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- Comer v. FranklinSupreme Court of Alabama · 1910
- Hayes v. WoodhamSupreme Court of Alabama · 1906
- H. Curjel & Co. v. Hallett Mfg. Co.Supreme Court of Alabama · 1916
- Smith v. ThomasSupreme Court of Alabama · 1918
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3Cited by5 opinions
- Kennedy v. Boles Investments, Inc.Supreme Court of Alabama · 2010
- Fuller v. FriedNorth Dakota Supreme Court · 1928
- Kilborn v. HendersonAlabama Court of Appeals · 1953
- Hartman v. Smyth Sales, Inc.Supreme Court of New Jersey · 1939
- Jesperson v. Advance-Rumely Thresher Co.North Dakota Supreme Court · 1931