Perry v. Boyd
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the I-Ion. Wm. H. Simpson. The appellees filed a bill in the -chancery court of Lauderdale county, Alabama, -against the appellant, praying for the rescission of a -certain contract wherein the defendant had sold to the complainants a certain; water power. . The hill, as amended, alleges that on the 17th day of April, 1899, complainants purchased -of the defendant certain lands, water rights and water privileges,…
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Appeal from the Chancery Court of Lauderdale. Heard before the I-Ion. Wm. H. Simpson. The appellees filed a bill in the -chancery court of Lauderdale county, Alabama, -against the appellant, praying for the rescission of a -certain contract wherein the defendant had sold to the complainants a certain; water power. . The hill, as amended, alleges that on the 17th day of April, 1899, complainants purchased -of the defendant certain lands, water rights and water privileges, easements and rights of way on Cypress Creek, in Lauderdale county, Alabama, describing the same particularly, including…
1Opinion of the CourtDowdell, J.
The bill in this case is filed for the rescission of a contract on the ground of fraud. The bill was demurred to by the respondent, and the present appeal is taken from the decree of the chancellor overruling the demurrer.
It is no objection to the equity of a bill to rescind a contract on the ground of misrepresentations apd fraud by the render, that the vendee may sue at law upon the covenants of warranty contained in the deed. Cullom v. Branch Bank, 4 Ala. 21; Baptiste v. Peters, 51 Ala. 158.
When a material fact is misrepresented, and the other party relies and acts upon it, a court of…
2Cases cited12 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Martin v. MartinSupreme Court of Alabama · 1860
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wilks v. WilksSupreme Court of Alabama · 1912
- King v. Livingston Manufacturing Co.Supreme Court of Alabama · 1915
- Shepherd v. KendrickSupreme Court of Alabama · 1938
- Shahan v. BrownSupreme Court of Alabama · 1910
- J. A. Fay & Egan Co. v. Independent Lumber Co.Supreme Court of Alabama · 1912
9 more not listed; retrieve them via the Exa API.