Bender v. Barton
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Fred J. Bender against George W. Barton, Jr., for breach of contract in the sale of land. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrers to counts 1, 2, B, and C, of the complaint.- — Secs. 3-168-9, Code 1907, and authorities there cited.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Fred J. Bender against George W. Barton, Jr., for breach of contract in the sale of land. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrers to counts 1, 2, B, and C, of the complaint.- — Secs. 3-168-9, Code 1907, and authorities there cited. The description was not so uncertain that it could not be rendered certain by evidence aliunde.— Homan v. Stewart, 103 Ala. 611. The contract to convey is void for uncertainty in description. — Meyers Bros. v. Mitchell, 75 Ala. 175. The…
1Opinion of the Court
de GRAFFENRIED, J.
Fred J. Bender brought this suit against George W. Barton, Jr., for damages for a breach, by Barton, Jr., of the following contract: “I have sold my five-acre tract of land at Arlington Station, Gate City car line, to Fred J. Bender, consideration fifteen ($1500.00), $100.00 cash, balance $20.00 per month, six per cent, interest with privilege of paying notes on or before. I am to furnish abstract and warranty deed to same. If abstract is clear and good, deed to be made, and if not clear and title is bad, said $100.00 is to be refunded to Fred J. Bender. This $100.00 is to…
2Cases cited1 opinion
- Chambers v. RingstaffSupreme Court of Alabama · 1881
3Cited by2 opinions
- Adams v. CoxNew Mexico Supreme Court · 1950
- Calera Development Co. v. BurginSupreme Court of Alabama · 1926