Alabama Court of Appeals, 1921

M. C. Kiser Co. v. Pope

Alabama Court of Appeals · Decided February 8, 1921 · Samford

88 So. 197; 18 Ala. App. 54; 1921 Ala. App. LEXIS 44 (Southern Reporter)

Cases that cite this one

2 later published cases cite this decision.

J. R. Raible Co. v. City Bank & Trust Co. (Ala. Ct. App. 1927)
Milner v. J.H. Lewis Son (Ala. Ct. App. 1925)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SAMFORD, J.

[1] This ease was tried by the judge without the intervention of a jury, and hence every presumption will be indulged in favor of his finding.

[2] The mere failure of a party, filling out a printed form at the instance of the representative of a wholesale merchant!, from whom he is obtaining credit for the purchase of merchandise, to fill out one of the blanks' at the end of one or more of the questions in the blank form, does not necessarily and of itself constitute a representation, upon which there can be based an action for fraud and-deceit.

We have examined the record in this case, and after allowing all necessary presumptions in favor of the judgment of the trial court, we cannot say that the conclusions reached are error.

We find no error in the record, and the judgment is affirmed.

Affirmed.

other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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