Scott v. Holland
| Citation | 31 So. 514,132 Ala. 389 |
| Parties | SCOTT ET AL. v. HOLLAND. |
| Decision Date | 13 February 1902 |
| Court | Supreme Court of Alabama |
Appeal from circuit court, Crenshaw county; B. R. Bricken, Special Judge.
Action by W. J. Holland against J. B. Scott & Bro. Judgment for plaintiff, and defendants appeal. Reversed.
Rushton & Powell, for appellants.
C. E. Hamilton, for appellee.
Action by Holland against J. B. and W. W. Scott, partners, etc. Complaint in Code form for deceit in the sale of a mule by defendants to plaintiff. Code, p. 947, form 21. On the trial there was some evidence of a warranty on the part of defendants of the animal's soundness, and that it was unsound; but there was no evidence of false representations or deceit on the part of defendants. The action should have been on the warranty. Code, p. 947, form 22. The complaint for deceit being unsupported by any evidence, the court should have given the affirmative charge requested by defendants.
Reversed and remanded.
To continue reading
Request your trial
-
Geohagan v. General Motors Corp.
...a contract of warranty? If so, has there been a breach? And if so, the amount of damages suffered by the purchaser thereby. Scott v. Holland, 132 Ala. 389, 31 So. 514. 'There is a clear distinction between an action for a breach of warranty and one for deceit in the sale of a chattel; in th......
-
St. Mary's Oil Engine Co. v. Jackson Ice & Fuel Co.
...different obligations and burdens, and the measure of damages is different. Millsapp v. Woolf, 1 Ala. App. 599, 56 So. 22; Scott v. Holland, 132 Ala. 389, 31 So. 514; Coleman v. Night Commander Lighting Co., 218 196, 118 So. 377. We are not of opinion that the doctrine of error without inju......
-
Boyd v. Homes of Legend
...only questions are: was there a contract, was there a breach, and if so, what were the damages suffered by the buyer. Scott v. Holland, 132 Ala. 389, 31 So. 514 (1902). West, 403 So.2d at In conclusion, the law of Alabama is clear: The purchasers could not recover punitive damages if they p......
-
McCoy v. Prince
...seller for damages (ex delicto, if there was fraud or deceit, and ex contractu, if there was merely a breach of warranty--Scott v. Holland, 132 Ala. 390, 31 So. 514--which actions may, since the Code of 1907, § 5329, be joined); if sued by the seller for the purchase price, an abatement pro......