Pritchett v. Munroe
Supreme Court of Alabama
Error, to the Circuit Court of Talladega. Tried before tbe Hon. ROBERT Dougherty. The action was a special action on the case, brought by the defendant in error against the plaintiff in error, to recover damages for a deceit in the sale of land.
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Error, to the Circuit Court of Talladega. Tried before tbe Hon. ROBERT Dougherty. The action was a special action on the case, brought by the defendant in error against the plaintiff in error, to recover damages for a deceit in the sale of land. During the progress of the case, the plaintiff below filed interrogatories for the defendant to answer; and on the trial, the plaintiff not having excepted to any of the answers, after reading the affidavit and the interrogatories, read as evidence certain portions of the answers of the defendant thereto; and thereupon the defendant offered to read…
1Opinion of the Court
GOLDTHWAITE, «L
On an examination of the evidence which was excluded by the court on the trial below, we think an error was committed in the rejection of any portion of the answer made by the defendant to the second interrogatory. The affidavit, which the record shows was offered in evidence by the plaintiff, alleges that the defendant, in reply to a certain proposition made him by the other party, refused to have the land surveyed, and goes on to state what was said by him at the time of such refusal. The answer admits such refusal, but states a qualification under which it was made, *508and…
2Cases cited4 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Carlisle v. HillSupreme Court of Alabama · 1849
- Lake v. GilchristSupreme Court of Alabama · 1845
3Cited by19 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Georgia Home Insurance v. WartenSupreme Court of Alabama · 1896
- Upson v. RaifordSupreme Court of Alabama · 1856
- Hunt v. JonesSupreme Court of Alabama · 1919
- Morris v. HallSupreme Court of Alabama · 1868
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