Dargin v. Hewlitt
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard, before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellee, Thomas G. Hewlitt, against the appellants, H. Hayden Dargin, the Alabama State Fair & Racing Association and Webb Crawford. The facts of the case and the purposes for which the bill was filed, are sufficiently shown in the opinion.
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Appeal from the City Court of Birmingham, in Equity. Heard, before the Hon. W. W. Wilkerson. The bill in this case was filed by the appellee, Thomas G. Hewlitt, against the appellants, H. Hayden Dargin, the Alabama State Fair & Racing Association and Webb Crawford. The facts of the case and the purposes for which the bill was filed, are sufficiently shown in the opinion. Each of the respondents demurred to the bill upon the following grounds : “1. Because the bill shows on its face the complainant has a plain and adequate remedy at law. 2. Because the bill shows on its face that it does not…
1Opinion of the CourtHead, J.
The appellee, Hewlitt, having acquired options of purchase of certain real' property in Jefferson county known as the “Fair Grounds,” containing about 80 acres, on or about April 1, 1895, contracted with appellant, Dargin, to sell said land to him at the price of $12,500 in cash, and for the further consideration that he, Hewlitt, should receive one-third of the proceeds of all privileges incident to the holding of fairs, races or other events of like character upon said grounds. About 75 acres of the land was inclosed by a fence, within which there were a race track and buildings especially…
2Cases cited3 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Bellinger v. Lehman, Durr & Co.Supreme Court of Alabama · 1893
- Guice v. ParkerSupreme Court of Alabama · 1871
3Cited by11 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
- Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
- Chrichton v. HaylesSupreme Court of Alabama · 1912
- Pate v. BrunerSupreme Court of Alabama · 1943
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