Roquemore & Hall v. Mitchell Bros.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by Roquemore & Hall against Mitchell Brothers and others, to compel the specific performance of a contract. From a decree dismissing the bill complainant appeals.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by Roquemore & Hall against Mitchell Brothers and others, to compel the specific performance of a contract. From a decree dismissing the bill complainant appeals. It is well settled that equity jurisdiction is ample to decree the specific performance of an agreement relative to personalty as one relative to realty, and in personal property, it is not confined to heirlooms, but will extend to any Find of property whether real or personal where the remedy in a court of law is inadequate to fully meet the demands of…
1Opinion of the CourtMayfield, J.
The bill is one to enforce specific performance of a contract, and to enjoin respondents from interfering with the performance thereof pending the suit. The respondents demurred to and -answered the bill, denying its equity, and moved to dissolve the injunction issued upon its filing. On the hearing upon *478these issues the injunction was dissolved and the bill dismissed for want of equity. The chancellor declined to fix bond and reinstate the injunction pending appeal. Prom this decree complainants appeal.
The contract is one not susceptible of specific performance. It is a contract for personal…
2Cases cited11 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Cooper v. PenaCalifornia Supreme Court · 1863
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
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3Cited by32 opinions
- Suchan v. RutherfordIdaho Supreme Court · 1966
- Shelton v. SheltonSupreme Court of Alabama · 1939
- Lorch, Inc. v. Bessemer Mall Shopping Center, Inc.Supreme Court of Alabama · 1975
- Crowell v. GouldCourt of Appeals for the D.C. Circuit · 1938
- Cahalan Investment Co. v. Yakima Central Heating Co.Washington Supreme Court · 1920
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