Smith v. Webb
Supreme Court of Alabama
Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. J. Smith against E. W. Webb to restrain respondent from engaging in business contrary to his contract, and for damages for non-delivery of chattels contracted to be delivered. Decree for respondent and complainant appeals.
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Appeal from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. J. Smith against E. W. Webb to restrain respondent from engaging in business contrary to his contract, and for damages for non-delivery of chattels contracted to be delivered. Decree for respondent and complainant appeals. The contract is not void as against public policy. — Robbins v. Webb, 68 Ala. 898; Hardware Go. v. Towers, 87 Ala. 206; Mc-Gurry v. Gibson, 108 Ala. 451; Tuscaloosa I. & M. Go. v. Williams, 127 Ala. 110. It was the duty of the court in construing the contract to look at the condition of the…
1Opinion of the Court
"McCLELLAN, j.
The purpose of the bill, exhibited by appellant against appellee, is to enforce the specific performance of the contract set out below, by means of the restraining effect of injunctive process. The contract made was in writing and is as follows: “Pell City, Alabama, October 19, 1910. This is to certify for a consideration of $1,500.00 I have sold and delivered to T. J. Smith my livery outfit that consists of 8 horses, all buggies, surreys, hacks, wagons, harness of every description, in fact all that belongs to the stable, includ*598ing one billy goat, wheelbarrow and tools of every…
2Cases cited15 opinions
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Harris v. TheusSupreme Court of Alabama · 1907
- Tuscaloosa Ice Manufacturing Co. v. WilliamsSupreme Court of Alabama · 1899
- Robbins v. WebbSupreme Court of Alabama · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Herring Gas Co., Inc. v. WhiddonMississippi Supreme Court · 1993
- Files v. SchaibleSupreme Court of Alabama · 1984
- Stoneman v. WilsonSupreme Court of Virginia · 1937
- Maddox v. FullerSupreme Court of Alabama · 1937
- Wawak Co. v. KaiserCourt of Appeals for the Seventh Circuit · 1937
19 more not listed; retrieve them via the Exa API.