Harris v. Carter's Administrators
Supreme Court of Alabama
This cause was brought here from the Circuit Court of Madison county, by appeal to reverse a final decree rendered in that Court, on the Chancery side, at November term, 1828, by the Honorable Sion. L. Perry.
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This cause was brought here from the Circuit Court of Madison county, by appeal to reverse a final decree rendered in that Court, on the Chancery side, at November term, 1828, by the Honorable Sion. L. Perry. The facts and circumstances developed by the several bills, answers, exhibits and depositions, are summed up and recited in the opinion delivered in this Court, as follows: The bill was exhibited on the 2nd of November, 1820; for the purpose of obtaining an injunction and rescinding a contract, entered into between George W. Harris and William W. Harris, with Francis Newman. It appears…
1Opinion of the Court
By JUDGE COLLIER.
The questions offered for our examination are these:
1st. Are the Harris’ entitled,to a recision of their contract with Newman?
2nd. If they are compellable to perform their contract, is the decree rendered below erroneous?
1st. It is the acknowledged province of equity to rescind contracts, on the application of either the seller or purchaser, when a proper case is offered for its interference. It would be unprofitable here to consider the various causes for which contracts may be rescinded; as the only one which it is pretended exists, is fraud on the part of Newman, in…
2Cited by19 opinions
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Betts v. WardSupreme Court of Alabama · 1916
- Evans v. WelchSupreme Court of Alabama · 1879
- Baker v. . BlissNew York Court of Appeals · 1868
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
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