Citronelle Turpentine Co. v. Buhlig
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Hiram W. Macon and Milton C. Skinner, partners, as the Citronelle Turpentine Company, against W. H. Buhlig. Decree for respondent, and complainants appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Hiram W. Macon and Milton C. Skinner, partners, as the Citronelle Turpentine Company, against W. H. Buhlig. Decree for respondent, and complainants appeal. The receipt referred to in the opinion is as follows: “Received of Citronelle Turpentine Company $100.00 as part payment on turpentine leases on the following land, situated in Mobile county, Alabama [here follows description of 2,522 acres by government subdivision], balance of $1900.00 to be paid upon delivery of a properly executed lease to run three years…
1Opinion of the CourtAnderson, J.
— In order for a complainant to procure the specific performance of a contract through a court of equity, he must show a contract that is specific, certain and complete. He cannot set up one contract and then procure the performance of another. ' If he contends for a certain contract as having been made between the parties, but which was not complied with by the respondent, he cannot procure the court to make a new or different contract from the one contended for by him, in order to get a specific performance of some contract, regardless of whether or not it was the one contended for by him…
2Cases cited5 opinions
- Homan v. StewartSupreme Court of Alabama · 1893
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
- Hurlbut v. KantzlerIllinois Supreme Court · 1884
- Lyon v. HardinSupreme Court of Alabama · 1900
- Gachet v. MortonSupreme Court of Alabama · 1913
3Cited by9 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Bagley v. BagleySupreme Court of Alabama · 1921
- Webster v. GunterSupreme Court of Alabama · 1976
- Koon v. Maui Dry Goods & Grocery Co.Hawaii Supreme Court · 1927
- Olen Real Estate & Investment Co. v. L. A. Zieman & Co.Supreme Court of Alabama · 1959
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