Penney v. Lyle
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by W. D. Lyle against James E. Penney for the specific! enforcement of a contract to convey land. From a decree overruling demurrers to the bill, defendant appeals. In a bill to specifically perform, complainant must show that he has performed in full or his reason for nonperformance. 167 Alav. 475, 52 South. 423, 140 Am.
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Appeal from Circuit Court, Morgan County; Robt. C. Brickell, Judge. Bill by W. D. Lyle against James E. Penney for the specific! enforcement of a contract to convey land. From a decree overruling demurrers to the bill, defendant appeals. In a bill to specifically perform, complainant must show that he has performed in full or his reason for nonperformance. 167 Alav. 475, 52 South. 423, 140 Am. St. Rep. 52; 75 Fla. 744, 79 South. 168; 36 Cyc. 778. His sending the cheek 10 days later did help his case. 135 Ala. 630, 34 South. 31, 62 L. R. A. 551, 93 Am. St. Rep. 49. The bill must show that the…
1Opinion of the CourtMiller, J.
The complainant, W. D. Lyle, files this bill of complaint for specific performance of an oral contract made with Lamar Penney as agent of respondent, James E. Penney, for sale, made August 26, 1915, of this land: The west half of the southwest fourth of the northwest fourth of section 3, township 5, range 5 west — situated in Morgan county, Ala., for $10 per acre, aggregate ing $225, payable, to wit, January 1, 1917, and which was paid in full by check on, to wit, January 10, 1917, payable to respondent, drawn by W. D. Lyle on Morgan County National Bank of Albany, Ala.; complainant having…
2Cases cited5 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Penney v. NortonSupreme Court of Alabama · 1919
- Franklin v. Pollard Mill Co.Supreme Court of Alabama · 1889
- Sherman v. ShermanSupreme Court of Alabama · 1914
- Rovelsky v. ScheuerSupreme Court of Alabama · 1896
3Cited by4 opinions
- Cammorata v. WoodruffSupreme Court of Alabama · 1983
- Eddleman v. CadeSupreme Court of Alabama · 1954
- Salter v. CarterSupreme Court of Alabama · 1952
- Emond v. RobisonSupreme Court of Alabama · 1925