Thompson v. New South Coal Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. John 0. -Caumiohael. The bill was filed by W. W. Thompson against New South Coal Company and others, and sought the specific performance of the following contract, which the bill alleged was made,.by Montgomery as agent for the New South Coal Company, namely: “Birmingham, Ala., Feb. 18th, 1901. To whom it may concern.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. John 0. -Caumiohael. The bill was filed by W. W. Thompson against New South Coal Company and others, and sought the specific performance of the following contract, which the bill alleged was made,.by Montgomery as agent for the New South Coal Company, namely: “Birmingham, Ala., Feb. 18th, 1901. To whom it may concern. I have this day sold to W. W. Thompson 875 acres of land in Walker county, Alabama, being the same land now leased to Ellis Brothers by the New' Sbuth Coal Company, and sold subject to said lease, more fully…
1Opinion of the CourtTyson, J.
The bill in this cause seeks the specific performance of a contract for the sale of lands alleged to have been entered into between complainant and the respondent, New South Coal Company, and to have their rights in and to the lands adjudged superior to the claim of the respondents, Cornwell and Lopez, under and by virtue of a certain lease, executed by the New South Coal Company to Ellis Bros, and assigned by Ellis Bros, to Cornwell and Lopez. It is clear "from the aver-ments of the bill that- complainant predicates all his *634rights against Cornwell and Lopez npon Ms right to have the alleged…
2Cases cited12 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- White v. BreenSupreme Court of Alabama · 1894
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3Cited by23 opinions
- Wilma Corp. v. Fleming Foods of AlabamaSupreme Court of Alabama · 1993
- Allen v. BrombergSupreme Court of Alabama · 1909
- Cammorata v. WoodruffSupreme Court of Alabama · 1983
- Hendry v. BirdWashington Supreme Court · 1925
- Pattillo v. TuckerSupreme Court of Alabama · 1927
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