Derrick v. Monette
Supreme Court of Alabama
Appeal from Hale Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this cause was filed on 29th September, 1880, by Clarence Herrick against Robert B. Monette and Samuel J. Monette, seeking the specific performance of an alleged contract for the sale of a certain tract of land in Hale county in this State, between Robert B. Monette, as vendor, and the complainant, as purchaser; Samuel J. Monette being, made a party defendant on averment, that he claimed the land by…
Read the full summary
Appeal from Hale Chancery Court. Heard before Hon. Thomas Cobbs. The bill in this cause was filed on 29th September, 1880, by Clarence Herrick against Robert B. Monette and Samuel J. Monette, seeking the specific performance of an alleged contract for the sale of a certain tract of land in Hale county in this State, between Robert B. Monette, as vendor, and the complainant, as purchaser; Samuel J. Monette being, made a party defendant on averment, that he claimed the land by subsequent purchase from Robert B. Monette. On 7th October, 1880, Robert B. Monette died, and the suit was, by…
1Opinion of the CourtStone, J.
— One of the controlling conditions on which a contract will be specifically enforced, is that it must be fair, just and equitable in all its parts ; and the party praying relief must show this affirmatively. — Moon's Adm'r v. Crowler, 72 Ala. 79. ' It is contended for appellee that the decree of the chancellor rendered in this cause should be affirmed, because the proof fails to come up to this standard. We have carefully examined the pleadings and testimony in this cause, and there is no ground shown for annulling the contract, if contract there was. Considering all the testimony, we are…
2Cases cited2 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Canton Co. v. Northern Central Railway Co.Court of Appeals of Maryland · 1864
3Cited by18 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Robinson v. WellerSupreme Court of Georgia · 1888
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
13 more not listed; retrieve them via the Exa API.