Gordon v. Phillips
Supreme Court of Alabama
Error to the County Court of Macon. Apsumpsit by the plaintiff in error. By a bill of exceptions, it appears, the defendant sold the plaintiff a tract of land in the State of Georgia, which he represented to contain 240 acres, and conveyed it to him by deed, which recites, that the tract contained 240 acres, more or less.
Read the full summary
Error to the County Court of Macon. Apsumpsit by the plaintiff in error. By a bill of exceptions, it appears, the defendant sold the plaintiff a tract of land in the State of Georgia, which he represented to contain 240 acres, and conveyed it to him by deed, which recites, that the tract contained 240 acres, more or less. It was proved, that the defendant afterwards told plaintiff to go on, and take possession of the land ; that the plaintiff was distrustful about the quantity of land, but the defendant promised to go to Georgia, and-examine the land, and if it fell short of the estimated…
1Opinion of the CourtChilton, J.
The county court, in excluding the testimony of Jackson, as to the conversation of defendant, had in August, 1843, as well as in its charge to the jury, “ that if they believed all the evidence, they could not find for the plaintiff,” acted, doubtless, under the supposition that the plaintiff had misconceived the form of action appropriate to his relief. It is certainly true, that the plaintiff was proceeding to recover for breach of defendant’s contract, or for the fraud or deceit practiced upon him by Philips, in representing the land as containing 240 acres, when he knew it did not, he…
2Cases cited2 opinions
- Brewster v. CountrymanNew York Supreme Court · 1834
- Morgan v. PatrickSupreme Court of Alabama · 1844
3Cited by9 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Thomason v. DillSupreme Court of Alabama · 1857
- Berry v. WooddyAlabama Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.