Hawkins v. Merritt
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was an action by the appellant, V. T. Hawkins, against the appellee, E. H. Merritt, as executor of the estate of F. M. Gilmer, deceased, to recover one thous- and dollars as damages for the breach of a written contract made by the defendant’s testator, which is described in the opinion.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This was an action by the appellant, V. T. Hawkins, against the appellee, E. H. Merritt, as executor of the estate of F. M. Gilmer, deceased, to recover one thous- and dollars as damages for the breach of a written contract made by the defendant’s testator, which is described in the opinion. The complaint, after setting out the contract in full, proceeds : "And plaintiff says that, immediately after the execution of said agreement by the said F. M. Gilmer and himself, the said Gilmer put him in the possession of…
1Opinion of the Court
HEAD. J.
By the contract of sale declared on, defendant’s testator agreed to sell the land therein described to plaintiff, for sixteen bales of cotton, of specified weight and quality, deliverable, four bales in October of each of the years 1890, 1891, 1892 and 1893 ; and, upon final payment, to make "good and warranted titles” to the lands. The plaintiff went into possession, and delivered the first two instalments of cotton, according to agreement, and, while in possession, made valuable permanent improvements upon the premises. When this purchase was made,July 25,1890, the vendor,…
2Cases cited6 opinions
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Read v. WalkerSupreme Court of Alabama · 1850
- Wilhelm v. FimpleSupreme Court of Iowa · 1870
- Wimbish v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
- Johnson v. CollinsSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hawkins v. StoffersWyoming Supreme Court · 1929
- Drake v. NunnSupreme Court of Alabama · 1923
- Greenberg v. RaySupreme Court of Alabama · 1926
- Stanley v. FarmsSupreme Court of Florida · 1927
- Veitch v. Atkins Grocery & Commission Co.Alabama Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.