Myers v. Estell
Mississippi Supreme Court
Error to the circuit court of Bolivar county. Shackleford, J. 1. It is well settled everywhere that damages sustained by a vendee by reason of false or fraudulent representations or concealments by the vendor, may be set up as a defence to an action on the securities given for the purchase money, and deducted or recouped therefrom.
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Error to the circuit court of Bolivar county. Shackleford, J. 1. It is well settled everywhere that damages sustained by a vendee by reason of false or fraudulent representations or concealments by the vendor, may be set up as a defence to an action on the securities given for the purchase money, and deducted or recouped therefrom. Water., Set-off, p. 570, § 513 ; Adams v. Wylie, 1 Nott & McCord, 78; Turner v. Fludd, 1 McCord, 121; Johnson v. Wideman, Bice, 325; Gibson v. Marquis, 29 Ala. 668 ; Foster v. Bogers, 27 ib. 602; Hollay v. Younge, 27 ib. 203 ; Munroe v. Pritchett, 16 ib. 788;…
1Opinion of the Court
Peyton, C. J..
This was an action of assumpsit, founded on three promissory notes, one for $5,000, and the others for $17,500 each, executed by the plaintiff in error, payable to the defendant in error.
In this action, the plaintiff in error pleaded the general issue, and three special pleas, alleging that the consideration of the notes sued on, for the greater part, was the sale and conveyance by the defendant in error, to the plaintiff in error, of a tract of land of about 1,067 acres, situated in Bolivar county; and in the first of said special pleas, that the defendant 'in error, at the…
2Cases cited5 opinions
- Hammatt v. EmersonSupreme Judicial Court of Maine · 1847
- Lufburrow v. HendersonSupreme Court of Georgia · 1860
- House v. MarshallSupreme Court of Missouri · 1853
- Kelly v. PemberSupreme Court of Vermont · 1862
- McMasters v. CohenIndiana Supreme Court · 1854
3Cited by12 opinions
- Hoover Commercial Co. v. HumphreyMississippi Supreme Court · 1914
- Byers v. BrisleySupreme Court of Oklahoma · 1921
- Mickler v. ReddickSupreme Court of Florida · 1896
- Amory Independent Telephone Co. v. CoxMississippi Supreme Court · 1912
- Hayes v. Slidell Liquor Co.Mississippi Supreme Court · 1911
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