Tombigbee Valley R. R. v. Fairford Lumber Co.
Supreme Court of Alabama
Hill for (¡Specific Performance. Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Eairford Lumber Company against the Tombigbee Valley Railroad Company for specific performance of a contract. From a decree overruling a motion to dismiss the bill for want of equity, respondent appeals.
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Hill for (¡Specific Performance. Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by the Eairford Lumber Company against the Tombigbee Valley Railroad Company for specific performance of a contract. From a decree overruling a motion to dismiss the bill for want of equity, respondent appeals. The Tombigbee Lumber Company, by its owners, entered into a contractual agreement with John T. Coch-rane, on behalf of himself and his associates, which will be later set out. Afterwards the Tombigbee Lumber Company sold and assigned its property and the rights under the contract…
1Opinion of the CourtAnderson, J.
This court, in. a very full discussion of the doctrine of specific performance of contracts, speaking through Brickell, O. J., in the case of Irwin v. Bailey, 72 Ala. 467, says: “The principles upon which a court of equity exercises its peculiar jurisdiction to enforce the specific performance of contract are well known, and have been of frequent consideration and application in the past decisions of this court. The court, will not intervene, unless the contract is fair, just, reasonable, and equal in all its terms and parts, is is founded upon an adequate consideration, and its specific…
2Cases cited6 opinions
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
- South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
- Irwin v. BaileySupreme Court of Alabama · 1882
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884
- Baxley v. Tallassee Montgomery R. R.Supreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Orenstein v. KahnSupreme Court of Delaware · 1922
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Lorch, Inc. v. Bessemer Mall Shopping Center, Inc.Supreme Court of Alabama · 1975
- Milton Realty Co. v. WilsonSupreme Court of Alabama · 1926
15 more not listed; retrieve them via the Exa API.