Graybill v. Drennen
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by T). W. Graybill and others against I). M. Di enríen and oihers to annul a contract for the sale of certain bonds, slocks, etc.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by T). W. Graybill and others against I). M. Di enríen and oihers to annul a contract for the sale of certain bonds, slocks, etc. From a'judgment overruling denimrers 1o certain pleas, plaintiffs appeal, The contract is made an exhibit to the bill, ard the theory of the bill is that the respondents made false representation to complainants concerning the' value, etc., of the property and stock, upon which ie,span dents relied to their injury. There was motion to dismiss the bill for want of equity, and demurrers…
1Opinion of the CourtAnderson, J.
This- bill- Ava-s filed to-cancel-a sale of 90 bonds-and 1,495 shares of stock in a certain company made by the respondents to the complainants, upon the ground of--false representations made to-complainants by respo3idents- A\diiclr induced them to- purchase-said bonds and stocks. A court of equity avüI rescind-a contra et of sale, at the-instance of'the-purchaser, on account of the-vehd'or’sefalse representations of material-facts not open to inspection, upon Avhicli the purchaser had the right to rely, did rely, andkas thereby injured; but- if the representation related to a matter equally…
2Cases cited5 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Dill v. CampSupreme Court of Alabama · 1853
- Crown v. CarrigerSupreme Court of Alabama · 1880
- New Orleans & Ala. Coal & Mining Co. v. MusgroveSupreme Court of Alabama · 1890
3Cited by3 opinions
- Western Grain Company CasesSupreme Court of Alabama · 1955
- McLeod v. McEachernSupreme Court of Alabama · 1914
- Western Grain Company CasesSupreme Court of Alabama · 1955