Young v. Latham
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speaks. ,, Statutory action , in,, the nature , of,,,,, ejectment.
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Appeal from Madison Circuit Court. Tried before Hon. H. C. Speaks. ,, Statutory action , in,, the nature , of,,,,, ejectment. Latham’s, agreement,with,William Smith is as follows: “This agreement witnessetli, that,; for and, in consideration of one hundred dollars, to, the undersigned William Smith in hand paid by Samuel A...Latham, the receipt, of which is acknowledged, the , said William Sjpith, does,.coyenant to and; with the said Latham, that he will at,,any time before the .first day.of- January, 1900, grant,, bargain,,,sell and convey, with .uspal covenants of warranty, ,to- the, said…
1Opinion of the CourtMcCLELLAN, C. J.
— The contract between Smith and Latham bound the former to sell and convey the land in question to the latter upon specified terms a,t the- election of Latham. The agreement ivas unilateral in q sense in that Latham did not obligate himself to purchase, but it was not unilateral in any legal sense because a. valuable consideration passed from Latham to Smith for the assumption by the latter of the obligation to sell and convey to the former: In short the contract was a. purchase by Latham for one hundred dollars of the right to purchase the lands from Smith within a time and upon terms…
2Cases cited4 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Doe ex dem. Nickles v. HaskinsSupreme Court of Alabama · 1849
- Johnson v. CollinsSupreme Court of Alabama · 1850
3Cited by2 opinions
- Smith v. GordonSupreme Court of Alabama · 1902
- Shortridge v. Southern Mineral Land Co.Supreme Court of Alabama · 1914