Lane v. May & Thomas Hardware Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. 'Heard before the Hon. William H. Simpson. The May & Thomas Hardware Co. and others brought this bill for specific performance against Chas. P. Lane.
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Appeal from the Chancery Court of Madison. 'Heard before the Hon. William H. Simpson. The May & Thomas Hardware Co. and others brought this bill for specific performance against Chas. P. Lane. It avers a contract between him and one Pool for building a house; that the contractor Pool had completed his contract and had assigned it to the complainants; that the contract in part was that Lane would convey certain lots of land to Pool as part payment of the contract price; and that he failed and refused to make the conveyances. Lane set up full payment of the contract price by payments made to…
1Opinion of the CourtMoCLELLAN, C. J.
— It does not appear that the items on the pages of respondents’ memorandum book Avhich were offered in evidence were entered at or about the time the payments were made nor sufficiently that the Avitness knew the entries to be correct when they were made. The pages of the book thus offered were therefore properly excluded by the chancellor.—Kling v. Tunstall, 109 Ala. 609; Louisville & Nashville Railroad Co. v. Cassibry, 109 Ala. 697, and authorities there cited.
It was only by reference to these memoranda that it ■\vas attempted to prove the items of alleged payment in excess of that part of…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. CassibrySupreme Court of Alabama · 1895
3Cited by5 opinions
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906
- Alabama Lumber Co. v. CrossSupreme Court of Alabama · 1907
- Harris v. FreeAlabama Court of Appeals · 1912
- Jackson v. StateAlabama Court of Appeals · 1916