Houston v. Faul
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Ti-ios. Cobbs. The bill in this case was filed on the 29th March, 1888, by William Eaul, against R. E. Houston and others; and sought the reformation and foreclosure of a mortgage on a tract of land.
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Ti-ios. Cobbs. The bill in this case was filed on the 29th March, 1888, by William Eaul, against R. E. Houston and others; and sought the reformation and foreclosure of a mortgage on a tract of land. According to the allegations of the bill, the mortgage was given to secure the unpaid purchase-money of a tract of land, which the complainant had sold and conveyed to the defendants, and which was incorrectly described both in the conveyance and in the mortgage. The contract of sale was made on the 27th December, 1886, and the…
1Opinion of the CourtStone, C. J.
Parties, in attempting to make a contract, sometimes appear to have agreed, when on closer inquiry they discover they have not. They misunderstand each other, either as to the subject-matter, or as to some term of the agreement. There is, in such case, an absence of that indispensable element of all contracts, the concurring assent of two minds. Sanford v. Howard, 29 Ala. 648. When this is the case, and it is sufficiently shown, any court having jurisdiction will declare there is no contract.
When, however, the two minds come together, and agree on the terms of a contract, and a mistake is…
2Cases cited6 opinions
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Berry, Demoville & Co. v. SowellSupreme Court of Alabama · 1882
- Berry v. WebbSupreme Court of Alabama · 1884
- Reese v. KirkSupreme Court of Alabama · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Cudd v. WoodSupreme Court of Alabama · 1921
- Parra v. CooperSupreme Court of Alabama · 1925
- Clipper v. GordonSupreme Court of Alabama · 1950
9 more not listed; retrieve them via the Exa API.