Prestwood v. Carlton
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. J. B. Carlton as administrator sued J. A. Prestwood for breach of a covenant of warranty in a lease. Judgment for plaintiff and defendant appeals. It is too certain for argument that a plea of fraud need not be sworn to. A party making a contract who relies upon representations of the other party which are false may avoid the contract, although he did not read it. — Folmar p.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. J. B. Carlton as administrator sued J. A. Prestwood for breach of a covenant of warranty in a lease. Judgment for plaintiff and defendant appeals. It is too certain for argument that a plea of fraud need not be sworn to. A party making a contract who relies upon representations of the other party which are false may avoid the contract, although he did not read it. — Folmar p. Siler, 132 Ala. 297. When fraud is alleged in connection with the contract, the person defrauded has one of two rights. 1st, he may rescind. the…
1Opinion of the CourtMayfield, J.
This action was brought for the breach of covenants of warranty contained in a lease of certain lands for turpentine purposes. The lease is set out in the complaint, and the various breaches assigned in each count are, in substance, that the covenant was broken, in that the lessor had no title to certain lands leased, but that such lands at the time of the lease were owned and possessed by other named parties than the lessor. No question is raised on this appeal as to the *331sufficiency of the complaint. The complaint contained 10 counts, each assigning a breach because of want of title and the…
2Cases cited35 opinions
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Comer v. SheehanSupreme Court of Alabama · 1883
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3Cited by51 opinions
- Southern Building & Loan Ass'n v. BryantSupreme Court of Alabama · 1932
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
- Marx v. LiningSupreme Court of Alabama · 1935
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
46 more not listed; retrieve them via the Exa API.