Davis v. Williams
Supreme Court of Alabama
Appeal from the Chancery Court of Macon, Heard before the Hon. J. N. Williams. The facts are stated in the opinion. — -The contract with the construction company was against public policy. — Tí es-tar v. Wathen, 60 Ill. 138; Fuller v. Dane, 18 Pick. 472; Holloway v. Patterson, 5 Or. 177. (2). The contract was unilateral and consequently void for want of mutuality. It was not transferable.
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Appeal from the Chancery Court of Macon, Heard before the Hon. J. N. Williams. The facts are stated in the opinion. — -The contract with the construction company was against public policy. — Tí es-tar v. Wathen, 60 Ill. 138; Fuller v. Dane, 18 Pick. 472; Holloway v. Patterson, 5 Or. 177. (2). The contract was unilateral and consequently void for want of mutuality. It was not transferable. (3). The following other authorities are cited. — 32 Ala. 44; 37 Ala. 612; Blythe v. Dargan, 68 Ala. 370. — There is no ground to urge want of- mutuality or of consideration.- — Wilkes v. (T P. R. R. Co., 79…
1Opinion of the CourtMcCLELLAN, C. J.
— On January 5th, 1891, the Georgia & Alabama Construction Company, a partnership, and R. T. and Mary C. Davis entered into the following contract:
“We, R. T. Davis and M. C. Davis, do hereby agree that if the Georgia & Alabama Construction Company will build the Savannah, Americus & Montgomery Railroad within one-half mile of our residence on either side of the dwelling and storehouse occupied at present by *544us and build a depot on the said railroad within one mile of our residence at any place along the line of said railroad that is most suitable to themselves, we hereby agree to give the…
2Cases cited9 opinions
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Chicago & Atlantic Railway Co. v. DerkesIndiana Supreme Court · 1885
- Peck v. AshurstSupreme Court of Alabama · 1895
- Taggart v. Western Maryland Rail RoadCourt of Appeals of Maryland · 1866
- International & Great North. R. R. v. DawsonTexas Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- Hill v. RiceSupreme Court of Alabama · 1953
- Tombigbee Valley R. R. v. Fairford Lumber Co.Supreme Court of Alabama · 1908
- Scott v. Moragues Lumber Co.Supreme Court of Alabama · 1918
- Greenawalt v. Natrona Improvement Co.Wyoming Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.