Opinion

Crowder v. Memory Hill Gardens, Inc.

  • 516 So. 2d 602
  • 1987 Ala. LEXIS 4595
  • 1987 WL 1424
Court
Supreme Court of Alabama
Filed
Oct 2, 1987
Status
Published
Author
Torbert
On the bench
Jones, Torbert
Cited by
40 cases
Authority
More cited than 15.1%

stating that claims for both misrepresentation and suppression require a showing of reasonable reliance

How later courts described this case

  • stating that claims for both misrepresentation and suppression require a showing of reasonable reliance
  • "The elements of an actionable fraudulent representation are 1

Written by the judges who cited it.

The opinion

In order for Mrs. Crowder to have a viable action for the alleged misrepresentation, her reliance on the defendants' statement must have been reasonable. Taylor v. Moorman Mfg. Co. , 475 So.2d 1187 (Ala. 1985). The defendants contend that it was unreasonable for her to rely on the representation because of the "cancel or recall" language on the certificate evidencing Mrs. Crowder's 20% discount. While it perhaps would have been unreasonable for her to believe that she would get a 20% discount, no matter what or when, it was not unreasonable for her to believe, and to rely on the belief, that the 20% discount certificate would not be cancelled or recalled at the very time she tried to use it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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