Estell v. Myers
Mississippi Supreme Court
Appeal from the Chancery Court of Bolivar County. Hon. E. Stappokd, Chancellor. The case was first argued before the court composed of Simrall, C. J., and Peyton and Tarbell, JJ. 1. The misrepresentation or warranty, to be actionable, must precede the sale, or be concurrent therewith; if made subsequent to the conclusion of the contract of sale, without some new matter of consideration between the parties, it cannot support an action.
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Appeal from the Chancery Court of Bolivar County. Hon. E. Stappokd, Chancellor. The case was first argued before the court composed of Simrall, C. J., and Peyton and Tarbell, JJ. 1. The misrepresentation or warranty, to be actionable, must precede the sale, or be concurrent therewith; if made subsequent to the conclusion of the contract of sale, without some new matter of consideration between the parties, it cannot support an action. Nogin v. Plym-pton, 11 Pick. 97 ; Bloss v. Eittridge, 5 Vt. 28. The expression of an opinion by the vendor, as to the quality or value of his land, althoug’h…
1Opinion of the CourtSimrall, C. J.
This appeal is prosecuted from the final decree of the Chancery Court, and presents two questions: first, whether Myers established a right to recoup damages; and, secondly, if so, upon what principles shall they be assessed or estimated.
The defence is made to the bill in chancery brought by Estell to enforce the security for $40,000, the unpaid debt for a plantation and personal property thereon, sold by him to Myers, .and is to the effect that at the time of the sale of the property, preceding and concurrent therewith, Estell, with the view and design to overreach, deceive and defraud…
2Cases cited27 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Jeffrey v. BigelowNew York Supreme Court · 1835
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3Cited by10 opinions
- Sullivan v. HelbingCalifornia Court of Appeal · 1924
- Manley v. FeltyIndiana Supreme Court · 1896
- Hunt v. SherrillMississippi Supreme Court · 1943
- Alexander v. MeekMississippi Supreme Court · 1923
- McNeer v. NorfleetMississippi Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.