Homan v. Stewart
Supreme Court of Alabama
Appeal from the City Court of Anniston, in Equity. Heard before the Hon. Jas. W. Lapsley. The bill in this case was filed on March 4, 1892, by the complainant, D. A. Stewart against‘Russell Homan; and sought the specific performance of an alleged contract of sale, between the complainant and the defendant.
Read the full summary
Appeal from the City Court of Anniston, in Equity. Heard before the Hon. Jas. W. Lapsley. The bill in this case was filed on March 4, 1892, by the complainant, D. A. Stewart against‘Russell Homan; and sought the specific performance of an alleged contract of sale, between the complainant and the defendant. It was averred in the bill, and shown by the evidence of the complainant, that on April 2d, 1890, the complainant, with five others, formed a syndicate, and purchased of the Shelby Manufacturing & Improvement- Company, five lots in the town of Shelby, Alabama; that it was agreed among the…
1Opinion of the CourtHaralson, J.
The specific performance of the contract in this case is resisted on the grounds, (1), that the alleged agreement signed by the respondent for the alleged sale of said lot of land is too uncertain and indefinite to be specifically performed ; (2), that said agree*650ment does not state where said lot is situated, and does not sufficiently describe it; (3), that the contract is within the statute of frauds; and, (4), that it is inequitable and unjust, and should not be performed on that account.
1. The contract is dated, “Anniston, Ala., April 9, 1890.” The property purchased, the conveyance of…
2Cases cited19 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
14 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Karter v. EastSupreme Court of Alabama · 1929
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
- Nolen v. HenrySupreme Court of Alabama · 1914
31 more not listed; retrieve them via the Exa API.