Smith v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Action by E. G. Thomas against Robert Smith. Judgment for plaintiff, and defend-, ant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449.
1Opinion of the CourtSomerville, J.
Plaintiff sues in detinue to recover a horse and damages for her detention. Plaintiff had traded the horse for defendant’s mule, and his right to recover his horse rests upon his contention that defendant falsely represented the mule to be sound of eye, and that within a reasonable time after plaintiff’s discovery of the fraud he rescinded the trade, and demanded the return of his horse, at the same time offering to return the mule, which offer of rescission was rejected by defendant. The case was tried by the "court sitting without a jury, and judgment was rendered for plaintiff.
[1] So far…
2Cases cited4 opinions
- Root v. JohnsonSupreme Court of Alabama · 1891
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Hayes v. WoodhamSupreme Court of Alabama · 1906
- Rand v. OxfordSupreme Court of Alabama · 1859
3Cited by8 opinions
- Davis v. StateSupreme Court of Alabama · 1926
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
- Bankers' Mortg. Bond Co. v. RosenthalSupreme Court of Alabama · 1932
- Everett v. PickensSupreme Court of Alabama · 1919
- Maples v. DouglassSupreme Court of Alabama · 1920
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