Knox v. King
Supreme Court of Alabama
Appeal from the City Court oí Mobile. Tried before the Hon. Alex. McKinstry. This action was brought by Charles B. King, against Dean Knox, to recover damages for the defendant’s failure to comply with the terms of a contract for the purchase of certain real estate in the city of Mobile, which the plaintiff had sold at auction, and which was knocked down at the sale to the defendant, at the price of $1050; and, on his failure to comply with-the terms.of the sale, was resold…
Read the full summary
Appeal from the City Court oí Mobile. Tried before the Hon. Alex. McKinstry. This action was brought by Charles B. King, against Dean Knox, to recover damages for the defendant’s failure to comply with the terms of a contract for the purchase of certain real estate in the city of Mobile, which the plaintiff had sold at auction, and which was knocked down at the sale to the defendant, at the price of $1050; and, on his failure to comply with-the terms.of the sale, was resold by the plaintiff! and brought only $525; the amount sued for being the difference between the prices at the first and…
1Opinion of the CourtStone, J.
Under the English statute of frauds, it has been frequently held, that a contract for the sale of lands may be taken out of the operation of the statute, by an acknowledgment of its terms in writing, though subsequently made; and it does not vary the case, if the terms are to be gathered from two or more papers, provided the terms, of the contract are expressed in the writing. But, when the memorandum in writing is itself incomplete, it can not derive aid from another writing, unless the memorandum refer to the other' writing. ' Oral evidence can not be received to connect the two, or to…
2Cases cited3 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Robinson v. GarthSupreme Court of Alabama · 1844
3Cited by19 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Harris v. MorganTennessee Supreme Court · 1928
- White v. BreenSupreme Court of Alabama · 1894
14 more not listed; retrieve them via the Exa API.