Ross v. Parks
Supreme Court of Alabama
Bill in Equity in nature of Specific Performance, and for Injunction of Action at Law, Cancellation of Deed, dec. Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs.
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Bill in Equity in nature of Specific Performance, and for Injunction of Action at Law, Cancellation of Deed, dec. Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 29th January, 1889,. by R. Scott Parks, against Robert C. Ross and John T. Mc-Clendon, and prayed relief as follows: (1) an injunction of an action at law, which the defendants had brought against the complainant, to recover the possession of a small tract or parcel of land, claimed by each of them under a purchase from J. L. French; (2) the cancellation of the…
1Opinion of the CourtColeman, J.
— A general rule governing cases for specific performance is, that the contract must be mutual, and that either party is entitled to the equitable remedy of a specific performance. Exceptions to this general rule are well established, and one class of contracts to which the exceptions may be applied are those which are unilateral in form. — 1 Pomeroy on Contr., §§ 167, 168.
The exception as to unilateral contracts has been fully recognized and adopted in this State. The case of Moses v. McClain, 82 Ala. 370, was for a specific performance of the following contract: “For and in consideration of…
2Cases cited7 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Maull v. VaughnSupreme Court of Alabama · 1871
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Moses v. McClainSupreme Court of Alabama · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Smith v. BanghamCalifornia Supreme Court · 1909
- Cowin v. SalmonSupreme Court of Alabama · 1943
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Frank v. Stratford-HandcockWyoming Supreme Court · 1904
- Rease v. KittleWest Virginia Supreme Court · 1904
33 more not listed; retrieve them via the Exa API.