Munroe v. Pritchett
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Thos. A. Walker. An action for deceit in a sale can only be sustained when an affirmation wilfully false, or some artifice is proved, or is to be presumed from the circumstances attending the transaction. — Emerson v. Brigham, 10 Mass. 197; Parkinson v. Lee, 2 East, 320; ib. 4-26. And an affirmance :Jthat a thing is so, without a knowledge on the part of him making it that it was not so, and without warranty, is…
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Error to the Circuit Court of Talladega. Tried before the Hon. Thos. A. Walker. An action for deceit in a sale can only be sustained when an affirmation wilfully false, or some artifice is proved, or is to be presumed from the circumstances attending the transaction. — Emerson v. Brigham, 10 Mass. 197; Parkinson v. Lee, 2 East, 320; ib. 4-26. And an affirmance :Jthat a thing is so, without a knowledge on the part of him making it that it was not so, and without warranty, is not actionable — Chandler v. Lopus, 2 Croke 4; Law Lib. vol. 19, 62, and cases cited. It is a principle of the common…
1Opinion of the CourtChilton, J.
This was a special action on the case, brought by the plaintiff in error against the defendant, to recover for the injurious consequences of a false and fraudulent representation, made by the defendant to the plaintiff upon the sale of a tract of land. The declaration, or affirmation was, that a certain line of the tract proposed to be sold by the defendant to the plaintiff would embrace within it a certain quantity of good land, which was pointed out, ubi revera, it was not included in the tract, and the defendant at the time knew it; but on the contrary, the quantity was made up of sterile…
2Cases cited6 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Frost v. RaymondNew York Supreme Court · 1804
- Wiswell v. MunroeSupreme Court of Alabama · 1842
- Ricks v. DillahuntySupreme Court of Alabama · 1838
- Gordon v. PhillipsSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Hanners v. Balfour Guthrie, Inc.Supreme Court of Alabama · 1990
- Wilson v. BrownSupreme Court of Alabama · 1986
- Foremost Ins. Co. v. ParhamSupreme Court of Alabama · 1997
- Waddell & Reed, Inc. v. UNITED INVEST. LIFE INS. CO.Supreme Court of Alabama · 2003
- Torres v. State Farm Fire & Cas. Co.Supreme Court of Alabama · 1983
115 more not listed; retrieve them via the Exa API.