Williams v. Neal
Supreme Court of Alabama
Bill to Atate Purchase Price on Account of Fraud and Misrepresentation. Appeal from Pike Chancery Court. Heard before Hon. W. L. Parks. Bill by George Neal and others against W. L. Williams and others, to abate tbe purchase price of certain land on account of fraud and misrepresentation as to tbe quality. From a decree overruling demurrers to the bill, respondents appeal.
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Bill to Atate Purchase Price on Account of Fraud and Misrepresentation. Appeal from Pike Chancery Court. Heard before Hon. W. L. Parks. Bill by George Neal and others against W. L. Williams and others, to abate tbe purchase price of certain land on account of fraud and misrepresentation as to tbe quality. From a decree overruling demurrers to the bill, respondents appeal. The land was not sold at so much per acre but it was a sale in gross. — Norwood v. Washington, 136 Ala. 657. When complainant discovered- the fraud it was their duty to act promptly and not to continue inactive, sawing the…
1Opinion of the CourtHaralson, J.
This bill was filed by the complainants, Neal and McElvey, purchasers of land under a written contract of sale and purchase, Avhich contract is made an exhibit to the bill and seeks an abatement of the purchase price unpaid, and, as incident thereto, a specified performance of the contract of sale, on the ground *437of fraud and misrepresentation in tbe sale in respect to the quantity and quality of the land agreed to be sold.
The phase of the bill which seeks a specific performance of the contract is not urged or insisted on in argument of counsel for complainants, the appellees, nor do we see…
2Cases cited8 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Bell v. ThompsonSupreme Court of Alabama · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Franklin v. NunnelleySupreme Court of Alabama · 1941
- Manning v. CarterSupreme Court of Alabama · 1917
- Hunt v. JonesSupreme Court of Alabama · 1919
- Parker v. WardSupreme Court of Alabama · 1932
- Manning v. CarterSupreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.