Foster v. Gressett's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Monroe. Heard before the Hon. Wade Keyes. This-bill was filed by the heirs-at-law of William J. Gres-sett, deceased, against Flavel Foster ; asking the rescission of a contract for the purchase of a tract of land, on account of the vendor’s fraudulent misrepresentations, the cancellation of the deed and notes given for the purchase money, an injunction of a judgment at law on one of the notes, and general relief.
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Appeal from the Chancery Court of Monroe. Heard before the Hon. Wade Keyes. This-bill was filed by the heirs-at-law of William J. Gres-sett, deceased, against Flavel Foster ; asking the rescission of a contract for the purchase of a tract of land, on account of the vendor’s fraudulent misrepresentations, the cancellation of the deed and notes given for the purchase money, an injunction of a judgment at law on one of the notes, and general relief. The alleged misrepresentations were, that Foster, in pointing out to Gressett the boundary lines of the land, falsely pretended that they included a…
1Opinion of the CourtRige, C. J.
A. misrepresentation by the vendor of land, in regard to a material fact, which operated as an inducement to the purchase, upon which the vendee had a right to rely, and by which he was actually deceived and injured, is a fraud, and confers upon him the right to avoid the contract, whether executory or executed. But this right may bo lost by an affirmance of the contract after the discovery of the fraud, or by a failure to manifest the election to disaffirm it within a reasonable time after such discovery ; and what is a reasonable time, must be determined from the circumstances of the…
2Cases cited3 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Woodward v. DonallySupreme Court of Alabama · 1855
3Cited by21 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Bullard Shoals Mining Co. v. SpencerSupreme Court of Alabama · 1922
- Foster v. Kennedy's Adm'rSupreme Court of Alabama · 1862
- Thompson v. LeeSupreme Court of Alabama · 1857
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