Jones v. Gainer
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. W. L. Parks. Bill by Henry Jones against W. H. Gainer and others for the specific performance of a parol contract for the sale of land. From a decree dismissing the bill complainant appeals. The bill was not barred by staleness of demand. — Trechoell v. Torbert, 122 Ala. 300; Pom.
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Appeal from Geneva Chancery Court. Heard before Hon. W. L. Parks. Bill by Henry Jones against W. H. Gainer and others for the specific performance of a parol contract for the sale of land. From a decree dismissing the bill complainant appeals. The bill was not barred by staleness of demand. — Trechoell v. Torbert, 122 Ala. 300; Pom. Eq. sec. 419; 12 A. & E. Ency. of Law, -533; Haney v. Legg, 129 Ala. 619. The bill is barred by laches. — Davis v. Williams, 121 Ala. 547; Ashurst v. Peek, 101 Ala. 508; Haggerty v. PJlyton L. Go., 89 Ala. 428; Gentry v. Rodgers, 40 Ala. 422; Gole v. Bir. Ry. Go.,…
1Opinion of the Court
TYSON, C. J.-
— The averments of the bill sIioav that the complainant has paid a portion of the purchase money in pursuance to the terms of sale made Avith the agent of respondent Gainer, and was put into possesion of the land by the agent under his contract of purchase, and *220that since his purchase he has made improvements upon the land to the extent in value of $600. The averments also show that the contract of sale was oral, but it is shown that the agent, by and with the consent and knowledge of his principal, put complainant in possession.
The case made is clearly within the exception…
2Cases cited7 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896
- McWilliams v. JenkinsSupreme Court of Alabama · 1882
- Irwin v. BaileySupreme Court of Alabama · 1882
- Allen v. YoungSupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Tompkins v. SandeenSupreme Court of Minnesota · 1954
- Williams v. KilpatrickSupreme Court of Alabama · 1916
- Gainer v. JonesSupreme Court of Alabama · 1912
13 more not listed; retrieve them via the Exa API.