M. C. Kiser Co. v. Pope

Alabama Court of Appeals

M. C. Kiser Co. v. Pope

88 So. 197, 18 Ala. App. 54, 1921 Ala. App. LEXIS 44

CourtAlabama Court of Appeals

DecidedFebruary 8, 1921

Docket6 Div. 715.

StatusPublished

Cited by2 cases

This text of 88 So. 197 (M. C. Kiser Co. v. Pope) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M. C. Kiser Co. v. Pope, 88 So. 197, 18 Ala. App. 54, 1921 Ala. App. LEXIS 44 (Ala. Ct. App. 1921).

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Opinion

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.

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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.

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Bluebook (online)

88 So. 197, 18 Ala. App. 54, 1921 Ala. App. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-c-kiser-co-v-pope-alactapp-1921.

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