Duy v. Higdon
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hou. Charles A. Senn. Bill by G. B. Duy, against Alice S. Higdon and others to cancel certain contracts. Decree for respondents and complainants appeal.
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Appeal from Birmingham City Court. Heard before Hou. Charles A. Senn. Bill by G. B. Duy, against Alice S. Higdon and others to cancel certain contracts. Decree for respondents and complainants appeal. A principal may be bound by knowledge or information given his agent hut this must be limited to such knowledge as comes to the agent in the course of transactions for which he was employed and in the scope of his duty and power in the principal's business, and is not to he extended to information or knowledge acquired by the agent which he receives outside of the line of his duty. The principal…
1Opinion of the CourtDenson, J.
The purpose of this bill is to rescind two purchases of land on account of alleged fraudulent misrepresentations. The first purchase, made March 31, 1904, was of a one-half interest, and the second, made the 20th of September following, was of the remaining half interest in the same property and of the entire interest in an additional tract. The bill was filed in June, 1905.
“The right to rescind or avoid a. contract proceeds upon the ground that a party has been fraudulently be*530■trayed into making it, and, having thus been induced to part with his own property, may resume possession of it on…
2Cases cited9 opinions
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Jones v. AndersonSupreme Court of Alabama · 1886
- Bogan v. DaughdrillSupreme Court of Alabama · 1874
- Steele v. KinkleSupreme Court of Alabama · 1842
- Parks v. BrooksSupreme Court of Alabama · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. Alabama Land & Mineral Co.Supreme Court of Alabama · 1923
- Granberry v. ForresterSupreme Court of Alabama · 1923