Taylor v. Newton
Supreme Court of Alabama
Bill for Specific Performmice. Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. R. Taylor against E. D. Newton and others to compel specific performance of contract to convey land. Prom a judgment sustaining demurrers to the bill, complainant appeals. This was a bill filed by W. R. Taylor against Edwin D. Newton, J. H. Baird, and Edwin R. Freeman, as individuals and as partners, and the Hunnicutt-Neal Lumber Company.
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Bill for Specific Performmice. Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by W. R. Taylor against E. D. Newton and others to compel specific performance of contract to convey land. Prom a judgment sustaining demurrers to the bill, complainant appeals. This was a bill filed by W. R. Taylor against Edwin D. Newton, J. H. Baird, and Edwin R. Freeman, as individuals and as partners, and the Hunnicutt-Neal Lumber Company. The case made by the bill is that Edwin Newton executed and delivered to Thomas J. Adams a certain paper writing in the following language:…
1Opinion of the Court
ANDERSON, J.-
Conceding that the paper or option given Adams by the respondent Newton was unilateral, and that he (Newton) had the right to withdraw the offer at any time before acceptance, if it was accepted within the time specified and before the offer was withdrawn, it became a complete contract, as Newton, in accepting the $100, became bound thereby, and could not then withdraw without the consent of the complainant. A contract thus made, the other conditions existing, is a proper subject of specific performance in a court of equity. — Wilks v. Ga. Pac. R. R., 79 Ala. 180. It may be that…
2Cases cited7 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Stewart v. CrossSupreme Court of Alabama · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Zirkle v. BallSupreme Court of Alabama · 1911
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Baker v. HowisonSupreme Court of Alabama · 1925
- Eaton v. SadlerSupreme Court of Alabama · 1926
- Saliba v. BrackinSupreme Court of Alabama · 1953
9 more not listed; retrieve them via the Exa API.