Pelham v. Chattahoochee Grocery Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. J. P. Hubbard. Detinue by the Chattahoochie Grocery Co. against A. Pelham for the recovery of certain goods for fraud and rescission. The facts necessary to an understanding of the case are sufficiently stated in the opinion.
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Appeal from Geneva Circuit Court. Heard before Hon. J. P. Hubbard. Detinue by the Chattahoochie Grocery Co. against A. Pelham for the recovery of certain goods for fraud and rescission. The facts necessary to an understanding of the case are sufficiently stated in the opinion. In his oral charge to the jury the court said: “If you are reasonably satisfied from the evidence that at the time Reeves purchased the goods in question he had no reasonable expectation of being able to pay for them, and did not intend to, then this would be a fraud upon the plaintiff, entitling it to rescind the sale…
1Opinion of the CourtWeakley, C. J.
The action is detinue, to recover divers articles of merchandise' such as mav usually be found for sale in a grocery store. The plaintiff prevailed in the court below as to all the goods sued for, and the defendant appeals. The claim of the plaintiff was rested on the contention that .such fraud ivas committed by one Beeves, the original vendee, in the purchase of the goods, that as vendor it had the right to rescind the sale and reclaim the goods. The defendant resisted a recovery upon the claim that the proof did not satisfactorilv establish fraud in the purchase, or, if it did, that he was…
2Cases cited10 opinions
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Kyle v. WardSupreme Court of Alabama · 1886
- Hornthall, Whitehead, Weissman & Co. v. SchonfeldSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pelham v. Chattahoochie Grocery Co.Supreme Court of Alabama · 1908
- Central of Georgia Ry. Co. v. Dothan Nat. BankSupreme Court of Alabama · 1921
- Albany Warehouse Co. v. F. B. Fisk Cotton Co.Alabama Court of Appeals · 1914
- Cox v. CollomCourt of Appeals of Texas · 1919
- Parker-Blake Co. v. LaddAlabama Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.