Meyer Bros. v. Mitchell
Supreme Court of Alabama
Appeal from Dallas Chancery Court. Heard before lion. N. S. GbaiiaM. This was a bill in equity, exhibited, on 17th May, 1882, by Andy Mitchell against Marcus, Joseph and Ferdinand Meyer, a mercantile partnership trading under the firm name of Meyer Bros., and against Carlos D. Rainey and R. B. Lovett, seeking the specific performance of a contract of purchase of land made by the complainant with the defendants Rainey and Lovett, who afterwards sold and conveyed the lands to…
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Appeal from Dallas Chancery Court. Heard before lion. N. S. GbaiiaM. This was a bill in equity, exhibited, on 17th May, 1882, by Andy Mitchell against Marcus, Joseph and Ferdinand Meyer, a mercantile partnership trading under the firm name of Meyer Bros., and against Carlos D. Rainey and R. B. Lovett, seeking the specific performance of a contract of purchase of land made by the complainant with the defendants Rainey and Lovett, who afterwards sold and conveyed the lands to their co-defendants, Meyer Bros. As appears from the record, on 3rd December, 1877, the administrator of the estate of…
1Opinion of the CourtSomerville, J.
The bilí is one for specific performance of a contract for the sale of land, having been filed by the vendee, Mitchell, against his vendors, Lovett and Rainey, and Meyer Bros., who were sub-purchasers under them, declining to recognize their contract of sale with the complainant.
There can be little or no doubt of the fact, that the description of the land agreed to be conveyed, as set out in the written agreement signed by the defendants, Lovett and Rainey, is void for uncertainty, standing alone and unaided by other and extraneous evidence identifying the subject-matter of the sale. This…
2Cases cited13 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Brunson v. BrooksSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Minge v. GreenSupreme Court of Alabama · 1912
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
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