STANDARD OIL COMPANY v. JOHNSON

2 Div. 433.

165 So.2d 361 (1964)

STANDARD OIL COMPANY v. Murray L. JOHNSON.

Supreme Court of Alabama.

May 28, 1964.


Attorney(s) appearing for the Case

David J. Vann, White, Bradley, Arant, All & Rose, Birmingham, for appellant.

Richard L. Jones, Birmingham, and P. M. Johnston, Aliceville, for appellee.


COLEMAN, Justice.

This is an appeal by defendant from judgment for plaintiff in action for fraud based on principles stated in § 108, Title 7, Code 1940, which recites:

"§ 108. (8049) (4298) .... Misrepresentations of a material fact, made wilfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently, and acted on by the opposite party, constitute legal fraud."

Errors complained...

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