Butler v. Lee
Supreme Court of Alabama
Error to the Circuit Court of Macon. Assumpsit by the plaintiff, against the defendant in error. The following facts were agreed to by the parties: In 1842, the plaintiff and defendant made a joint purchase of a section of land, and took from their vendor a bond conditioned to make title, when the purchase money should be paid, and entered into possession.
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Error to the Circuit Court of Macon. Assumpsit by the plaintiff, against the defendant in error. The following facts were agreed to by the parties: In 1842, the plaintiff and defendant made a joint purchase of a section of land, and took from their vendor a bond conditioned to make title, when the purchase money should be paid, and entered into possession. An agreement was then entered into orally, to divide the lands into two equal parts, but the lines were not run at that time. The defendant then agreed with the plaintiff to pay him $>150, in two equal payments, on the first January, 1843,…
1Opinion of the CourtOrmond, J.
The contract is in. substance, an agreement by which the defendant was to pay the plaintiff $150 for the choice of two half sections of land, which belonged to them jointly, and the right to cultivate for one year a portion of cleared land, it being as it appears, uncertain at the time, whether all the cleared land was on the half section selected by the defendant.
It is very clear, that so long as this contract remained ex-ecutory, not being in writing it could not be enforced at law by either party, at least so far as it relates to the choice of the half sections. But it is equally certain,…
2Cases cited1 opinion
- Shippey v. EastwoodSupreme Court of Alabama · 1846
3Cited by15 opinions
- Carrol v. GreenSupreme Court of the United States · 1876
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Tyler v. WaddinghamSupreme Court of Connecticut · 1890
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
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