Walker v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from tlie Circuit Court of Montgomery. Tried before tlie Hon. John G. Winter, Special Judge. The facts of the case are. sufficiently stated in the opinion. All the .assignments of error in this record are based on the familiar and long settled rule of law, that the right of rescission in contracts of sale can not be exercised, unless both parties can be practically restored to the condition in which they were when the contract was.made.
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Appeal from tlie Circuit Court of Montgomery. Tried before tlie Hon. John G. Winter, Special Judge. The facts of the case are. sufficiently stated in the opinion. All the .assignments of error in this record are based on the familiar and long settled rule of law, that the right of rescission in contracts of sale can not be exercised, unless both parties can be practically restored to the condition in which they were when the contract was.made. And this, too, though the rescission is sought on the ground of fraud in the party against whom the suit is brought. This rule is clearly and forcibly…
1Opinion of the CourtColeman, J.
This is an action of detinue,instituted by the appellee railroad to recover certain horses. The plaintiff’s right of action grows out of the following state of facts : Walker & Pfefferling shipped by the plaintiff as a common carrier, a car load of horses to Montgomery, consigned to themselves. The defendant, appellant, stated to the plaintiff that he was the assignee of the consignee, and in this right claimed that the horses should be delivered to him. The plaintiff informed him of the amount .of the cost and charges of transportation, and offered to deliver the horses upoD payment of the…
2Cases cited2 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
3Cited by7 opinions
- Rabitte v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. WalkerSupreme Court of Alabama · 1900
- Wilcox v. San Jose Fruit Packing Co.Supreme Court of Alabama · 1896
- Reedy v. KelleySupreme Court of Alabama · 1921
- Louisville & N. R. v. McKayTennessee Supreme Court · 1915
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