Adams Hardware Co. v. Wimbish
Supreme Court of Alabama
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Detinue by the Adams Hardware Company against H. A. Wimbish for certain engines and machinery. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Detinue by the Adams Hardware Company against H. A. Wimbish for certain engines and machinery. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals uuder Acts 19Í1, p. 449, § 6. The plaintiff offered a note and contract, signed by H. A. Wimbish, retaining title in the machinery sued for, the reservations being to the International Harvester Company, in the sum of $¿92, and also a written contract, signed by Wimbish, to the Adams Hardware Company, in the sum of $415, showing an agreement to pay that…
1Opinion of the CourtAnderson, C. J.
[1] While it is elementary law that parol evidence is not admissible to alter, change, or enlarge a written contract, and that previous agreements relating to the contract', when reduced to writing, become merged into the writing, it is also a well-established legal principle that, when a contract is executed by one in reliance upon false representation as to its contents, it is not binding upon the party deceived, if he elects to avoid it, and it matters not that he could read, and had an opportunity to read the contract before signing same, if he did not read it, and acted upon the…
2Cases cited8 opinions
- Shahan v. BrownSupreme Court of Alabama · 1910
- Hatfield v. RileySupreme Court of Alabama · 1916
- Moline Jewelry Co. v. CrewSupreme Court of Alabama · 1911
- Folmar v. SilerSupreme Court of Alabama · 1902
- Tillis & O'Neal v. AustinSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ray v. WatkinsSupreme Court of Alabama · 1920
- Hawkins v. McGeeSupreme Court of New Hampshire · 1929
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Willcutt v. Union Oil Co. of CaliforniaSupreme Court of Alabama · 1983
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
6 more not listed; retrieve them via the Exa API.