Kennedy v. Collins

STAKELY, Justice.

Prior to June 10, 1946, C. M. Kennedy operated a filling station in Mobile, Alabama. His interest in the station was derived from an oral tenancy from month to month with the Pan-Am Oil Company. He owned all the stock and equipment in the station. On June 10, 1946, he made a trade with J. O. Collins for the business for $3500, which was then paid in cash by Collins to Kennedy. According to Collins the sale was made upon the express condition that he could retain possession of the station by consent of the landlord, otherwise he was to receive his money back and Kennedy was to…