Rice v. Gilbreath
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Tried before Hon. J. A. Bilbro. Tlie case is stated in the opinion. cited, Sledge v. Scott, 56 Ala. 202; 5 Am. and Eng. Ency. Law, 335; Pearce v. Wilson, 34 Ala. 595; Grosland v. Hall, 33 N. J Eq. Ill; McAleer v. Horsey, 35 Md. 439; Cooley on Torts, p. 496; 1 Chitty on Plead, p. 395; 2 Sedg. on Dam.
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Appeal from Marshall Circuit Court. Tried before Hon. J. A. Bilbro. Tlie case is stated in the opinion. cited, Sledge v. Scott, 56 Ala. 202; 5 Am. and Eng. Ency. Law, 335; Pearce v. Wilson, 34 Ala. 595; Grosland v. Hall, 33 N. J Eq. Ill; McAleer v. Horsey, 35 Md. 439; Cooley on Torts, p. 496; 1 Chitty on Plead, p. 395; 2 Sedg. on Dam. (7 Ed.) pp. 606-7; Taber v. Peters, 74 Ála. 90; Teague v. Emoin, 127 Mass. 217; Wilcox v. Henderson, 64 Ala. 535; Burnett v. Pollarcl, 2 Alá. 181; Moses v. Katzenberger, 84 Ala. 95; Henry v. Allan, 93 Alá. 197 f'Vandegrift v. Abbott, 87 Ala. 4Ó9; S'faness v.…
1Opinion of the CourtBrickell, C. J.
-This was an action to recover upon three promissory notes given by appellants to appellees for the purchase price of the right to sell a patent churn within a specified territory. The defense sef up by several special pleas, the sustaining of demurrers to which constitutes the only assignments of error, was that the contract of purchase had been induced by fraud consisting of various false representations made by the seller and relied on by the-purchaser,'Which, it' is claimed, authorized the latter to rescind the contract. A misrepresentation by a vendor of chattels of a material fact, made…
2Cases cited3 opinions
- Sledge v. ScottSupreme Court of Alabama · 1876
- Jemison v. Woodruff & BeachSupreme Court of Alabama · 1859
- Davis v. DickeySupreme Court of Alabama · 1853
3Cited by15 opinions
- King v. Livingston Manufacturing Co.Supreme Court of Alabama · 1915
- Hafer v. ColeSupreme Court of Alabama · 1912
- Smith v. WilderSupreme Court of Alabama · 1960
- Stone v. WalkerSupreme Court of Alabama · 1917
- Jackson v. SampleSupreme Court of Alabama · 1937
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