Bromberg v. Eugenotto Construction Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. O. Nesmith. Bill by F. W. Bromberg against the Eugenotto Construction Company and others. From a decree dismiss-sing the bill, complainant appeals. The bill is not a bill to strictly specifically perform the lease but injunctive to prevent the destruction of contractual obligations. — HeiuDrichs v. Hughes, 117 Ala. 591. It was not prematurely filed. — Baches v. Curran, 74 N. Y. S. 723; 5 Pom. Eq.
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Appeal from Birmingham City Court. Heard before Hon. C. O. Nesmith. Bill by F. W. Bromberg against the Eugenotto Construction Company and others. From a decree dismiss-sing the bill, complainant appeals. The bill is not a bill to strictly specifically perform the lease but injunctive to prevent the destruction of contractual obligations. — HeiuDrichs v. Hughes, 117 Ala. 591. It was not prematurely filed. — Baches v. Curran, 74 N. Y. S. 723; 5 Pom. Eq. Jur. 516; Pom. on Specific Perf. 124; Waterman’s Specific Perf. Secs. 109, 110 and 112; Hessler v. Schafer, 46 N. Y. S. 1076; Brand v. Horace,…
1Opinion of the CourtDowdell, J.
The appeal in this case is taken from a decree on the demurrer to the bill. The bill is to enforce the specific performance of a contract, and in the alternative, as it is urged in argument, to enjoin the violation of a contract. The contract is for the lease of a storeroom in a proposed building, and by the terms of said lease contract the lessee was to have a certain amount of floor space, of a part of which he complains in his bill he is being deprived of by the respondent, lessor, in tiie manner of- construction of the said building. The question is whether a court of equity will…
2Cases cited8 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Beck v. . AllisonNew York Court of Appeals · 1874
- Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
- Kendall v. FreyWisconsin Supreme Court · 1889
- Bridgeport Land & Improvement Co. v. American Fire-proof Steel Car Co.Supreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of Huntsville v. MillerSupreme Court of Alabama · 1958
- Nelson v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1963
- Yonan v. Oak Park Federal Savings & Loan Ass'nAppellate Court of Illinois · 1975
- Suchan v. RutherfordIdaho Supreme Court · 1966
- Moore v. PettusSupreme Court of Alabama · 1954
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