Brown v. E. Van Winkle Grin & Machine Works
Supreme Court of Alabama
Appeal from the Chancery Court of Clarke. ■ Heard before the 1-Ion. Thomas IT. Smith. The bill in this case was filed by the E. .Van Winkle Gin & Machine Works against the appellants, E. N. Brown and N. W. L. Brown, and sought the specific performance of a contract. The contract sought to be specifically enforced is set out m haec verba in the opinion, and the prayer of the bill is also' set out in the opinion.
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Appeal from the Chancery Court of Clarke. ■ Heard before the 1-Ion. Thomas IT. Smith. The bill in this case was filed by the E. .Van Winkle Gin & Machine Works against the appellants, E. N. Brown and N. W. L. Brown, and sought the specific performance of a contract. The contract sought to be specifically enforced is set out m haec verba in the opinion, and the prayer of the bill is also' set out in the opinion. The defendants demurred to the bill, among others, upon the following grounds: (1.) Because the bill" of complaint fails to allege that respondents are insolvent. (2.) Because the bill…
1Opinion of the CourtSimpson, J.
The original bill in this case was filed by appellee (complainant) against appellants (defendants) upon the following contract: “This contract, made this the twelfth day of June, 1899, between the E. Van Winkle Gin & Machine Works of. Atlanta, Ga., of the first part, and E. N. Brown and N. W. L. Brown, of Atlanta, Ga., of the second part, Witnesseth, The parties of the first part agree to build and deliver F. O. B. cars in Atlanta Ga., certain machinery for the *584manufacture of Cotton Seed Oil and Meal, according to the accompanying specifications' which form a part of this contract. The…
2Cases cited13 opinions
- Barron v. MullinSupreme Court of Minnesota · 1875
- Comer v. BankheadSupreme Court of Alabama · 1881
- Moses v. ScottSupreme Court of Alabama · 1887
- Carnahan v. HughesIndiana Supreme Court · 1886
- Shockley v. DavisSupreme Court of Georgia · 1855
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- Heran v. ElmoreSouth Dakota Supreme Court · 1916
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