Southern Inv. Co. v. Galloway
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Juclge. Bill by M. O. Galloway against the Southern Investment Company, for the specific performance of a contract to convey land and to enjoin an unlawful detainer suit. Decree overruling demurrers to the bill, and respondent appeals.
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Appeal from Circuit Court, Covington County; A. B. Foster, Juclge. Bill by M. O. Galloway against the Southern Investment Company, for the specific performance of a contract to convey land and to enjoin an unlawful detainer suit. Decree overruling demurrers to the bill, and respondent appeals. The bill was defective, and subject to the 'demurrers. 39 Gye. 1336; 13 O. J. 525. Equity- will uphold the forfeiture provisions of the contract. 185 Ala. 71, 64 South. 55; 39 Cyc. 1605. Forfeitures are not favored, but equity will grant compensation. 99 Ala. 90, 10 South. 293; 191 Ala. 310, 68 South.…
1Opinion of the CourtMiller, J.
This is a bill of complaint filed by M. O. G,alloway against Southern Investment Company to enforce specific performance of a contract of sale of a lot, and to enjoin an action of unlawful detainer suit filed by defendant for the possession of it.
On January 6, 1919, the complainant and defendant entered into a written contract for the purchase and sale of a lot in the town of Florala, Ala., for $825. Both signed the contract. It is made part of the bill. Complainant was placed in possession of the lot by defendant under the purchase contract. The contract provides:
“The party of the second…
2Cases cited3 opinions
- Root v. JohnsonSupreme Court of Alabama · 1891
- Franklin v. LongSupreme Court of Alabama · 1915
- Campbell Printing Press & Man. Co. v. JonesSupreme Court of Alabama · 1885
3Cited by8 opinions
- Coastal States Life Insurance Company v. GassSupreme Court of Alabama · 1965
- Hamilton v. Terry Furniture & Loan Co.Supreme Court of Alabama · 1921
- Mumpfield v. Leavell (In Re Mumpfield)United States Bankruptcy Court, M.D. Alabama · 1991
- Braswell v. FlemingSupreme Court of Alabama · 1932
- Bradley Homes, Inc. v. GonzalezDistrict Court of Appeal of Florida · 1977
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