J. A. Fay & Egan Co. v. Independent Lumber Co.
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bil] .by the Independent Lumber Company against J. A. Pay & Egan Company, to cancel a contract for fraud, and for an injunction against a suit at law. Prom a decree overruling demurrers to the bill respondent appeals.
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Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bil] .by the Independent Lumber Company against J. A. Pay & Egan Company, to cancel a contract for fraud, and for an injunction against a suit at law. Prom a decree overruling demurrers to the bill respondent appeals. The contract contained an express warranty covering the particular points about which complaint is made, and parol evidence cannot be introduced to add to that warranty. — ■ 17 Oyc. 596; Mecham on Sales, sec. 1251. By exacting a warranty all prior representations were merged into the contract, thus preventing…
1Opinion of the CourtAnderson, J.
The bill in this case is filed to cancel or rescind a contract of sale which the complainant claims to have been induced to enter into through the fraudulent acts and representations of the respondents. It is no objection to the equity of the bill that the vendee may sue at law for a breach of warranty or for deceit. — Perry v. Boyd, 126 Ala. 162, 28 South. 711, 85 Am. St. Rep. 17; Cullum v. Branch, 4 Ala. 21, 37 Am. Dec. 725 ; Baptiste v. Peters, 51 Ala. 158.
Nor can there be any doubt as to the equity of the bill. It seeks to cancel the contract of sale for fraud and relies upon extrinsic…
2Cases cited9 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Hafer v. ColeSupreme Court of Alabama · 1912
- Merritt v. EhrmanSupreme Court of Alabama · 1896
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
- Perry v. BoydSupreme Court of Alabama · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- American National Bank of San Francisco v. A. G. Sommerville, Inc.California Supreme Court · 1923
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Alabama MacHinery & Supply Co. v. CaffeySupreme Court of Alabama · 1925
- Soviero Bros. Contracting Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
18 more not listed; retrieve them via the Exa API.