Garrison v. Glass
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. In the jiresent suit, the appellee, P. B. Glass, sought to recover from J E. Garrison, an amount alleged to be due under a contract by which the plaintiff sold to the defendant the'pine timber upon certain lands.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. In the jiresent suit, the appellee, P. B. Glass, sought to recover from J E. Garrison, an amount alleged to be due under a contract by which the plaintiff sold to the defendant the'pine timber upon certain lands. The contract is set forth in haec verba in the complaint, and it recites that for 12.50 per acre, P. B. Glass “grants, bargains, sells and conveys all his right, title and interest in all the pine timber in the original forest, as will be shown by survey, situated in” certain specifically described…
1Opinion of the Court
TYSON, J. —
The order made by the court consolidating the two causes was entirely proper. — Section 3318 of the Code; Berry v. Ferguson, 58 Ala. 314; Wilkinson v. Black, 80 Ala. 329.
The first count in each of the complaints set forth in haec verba the contract between the parties. By its terms the defendant obligated himself unconditionally to pay to plaintiff one-half of the balance of the purchase money for the timber within six months from the date of the contract, and the remainder of said purchase money within twelve months. The first of these actions was brought for the installment first…
2Cases cited5 opinions
- Hess v. RudderSupreme Court of Alabama · 1897
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Lowery v. PetersonSupreme Court of Alabama · 1883
- Berry v. FergusonSupreme Court of Alabama · 1877
3Cited by16 opinions
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Hull v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1910
- Pounders v. NixSupreme Court of Alabama · 1930
- Hill v. JohnsonSupreme Court of Alabama · 1925
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