South & North Ala. R. R. v. Highland Av. & Belt R. R.
Supreme Court of Alabama
Appeal from Jefferson Cliancery Court. Heard before the Hon. Thomas Cobbs. The opinion of this court sets out fully tbe facts considered and passed upon in this cause. Í. Appellant’s demurrer to appellee’s bill should have been sustained, because the contract therein sought to be enforced was without consideration, as appears on its face. — McBryde, v. Sayre, 86 Ala. 458; Pomeroy’s Eq.
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Appeal from Jefferson Cliancery Court. Heard before the Hon. Thomas Cobbs. The opinion of this court sets out fully tbe facts considered and passed upon in this cause. Í. Appellant’s demurrer to appellee’s bill should have been sustained, because the contract therein sought to be enforced was without consideration, as appears on its face. — McBryde, v. Sayre, 86 Ala. 458; Pomeroy’s Eq. Juris., vol. 3, § 1405; "Waterman on Specific Performance, §§ 158, 186; Dodd v. Seymour, 21 Conn. 475; 31 N. J. Eq. 159; 21 N. J. Eq. 415; 39 N. J. Eq. 563; 21 Ala. 371; Moon's Aclm’r v. Grotoder, 72 Ala. 79;…
1Opinion of the CourtStone, C. J.
In this opinion we will abbreviate the names, and designate the parties as the South & North Co., and the Highland & Belt Co. Each is an incorporated Bail-road Company, in active operation and the bill in this case *403was filed by the latter — the appellee — to compel the specific performance of an agreement entered into in the year 1887. The Elyton Land Company made the contract with the South & North Company, but subsequently sold out its railroad enterprise and interest in the contract to The Highland Avenue and Belt Bailroad Company, which instituted this suit in November, 1889. ' The case…
2Cases cited11 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Texas & Pacific Railway Co. v. MarshallSupreme Court of the United States · 1890
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Osgood v. FranklinNew York Court of Chancery · 1816
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3Cited by23 opinions
- McCurry v. GibsonSupreme Court of Alabama · 1895
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- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
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