Gadsden & Attalla Union Railway Co. v. Gadsden Land & Improvement Co.
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. This was an action brought by the appellant against the appellee to recover damages for the alleged breach of a covenant alleged to be contained in a deed executed by the defendant to one J. M. Elliott, Jr.; the complaint alleging that Elliott had transferred and assigned all of his right, title and interest in said deed to the plaintiff.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Bisque. This was an action brought by the appellant against the appellee to recover damages for the alleged breach of a covenant alleged to be contained in a deed executed by the defendant to one J. M. Elliott, Jr.; the complaint alleging that Elliott had transferred and assigned all of his right, title and interest in said deed to the plaintiff. The covenant relied upon, as alleged in the complaint to he contained in the deed was, “that the defendant was to build a hotel on the mountain to cost- $15,000, and furnish it at a…
1Opinion of the CourtSharpe, J.
The plea of non est factum numbered 4 and filed August 21st, 1895, was a full answer to the complaint to which it Avas interposed for the reason that the complaint Avas alone for the breach of a contract alleged to lucre been contained in a deed.
Idea 4 filed February 29th, 1896, and pleas 6 and 7 raise one and the same question which is, whether the contract disclosed in the deed, bound the defendant to build and furnish a hotel at the intended terminus of the plaintiff’s projected highland railway.
By way of showing inducement, consideration and terms of the agreement, the deed recites the…
2Cited by4 opinions
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