Black Diamond Coal Mining Co. v. Jones Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; J. J. Curtis, Judge. Suit for specific performance by the Black Diamond Coal Mining Company against the Jones Coal Company. From a judgment sustaining a demurrer to the bill and dissolving a temporary injunction, plaintiff appeals. Bill by the Black Diamond Coal Mining Company, a corporation, against the Jones Coal Company, a corporation, each doing business in Walker county, Ala., for the specific performance of a contract.
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Appeal from Circuit Court, Walker County ; J. J. Curtis, Judge. Suit for specific performance by the Black Diamond Coal Mining Company against the Jones Coal Company. From a judgment sustaining a demurrer to the bill and dissolving a temporary injunction, plaintiff appeals. Bill by the Black Diamond Coal Mining Company, a corporation, against the Jones Coal Company, a corporation, each doing business in Walker county, Ala., for the specific performance of a contract. The contract sought to be here specifically enforced was executed February 36, 1917, pursuant to an option given by the…
1Opinion of the CourtGardner, J.
[1] By this bill complainant seeks specific performance of a contract for the sale and delivery of personal property. It is well recognized, of course, that as a general rule specific performance is not decreed when the subject-matter of the contract is personal property. 36 Cyc. 554. There are, of course, exceptions to this rule, with which, however, we are not here concerned. The complainant seeks to show a peculiar necessity for the compliance on the part of the respondent with the contract here in question and the uncertainty of recovery of damages out of respondent, and thus seeks to…
2Cases cited13 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
- South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
- Irwin v. BaileySupreme Court of Alabama · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Allen W. Hinkel Dry Goods Co. v. Wichison Industrial Gas Co.Court of Appeals for the Tenth Circuit · 1933
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Griffin v. Oklahoma Natural Gas CorporationCourt of Appeals for the Tenth Circuit · 1930
- Lorch, Inc. v. Bessemer Mall Shopping Center, Inc.Supreme Court of Alabama · 1975
- Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
3 more not listed; retrieve them via the Exa API.