Root v. Johnson
Supreme Court of Alabama
Aiteae from City Court of Montgomery, sitting in equity. Heard before tbe Hon. Thos. M. Arrington. The bill in this case was filed on July 19, 1888, by the appellee, J. W. Johnson, against the appellant Isaiah E. Boot; and sought to have enforced the specific performance of a contract for the purchase of a certain lot, and also to enjoin the prosecution of an action of ejectment, which had been instituted by the respondent against the complainant to recover the possession of…
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Aiteae from City Court of Montgomery, sitting in equity. Heard before tbe Hon. Thos. M. Arrington. The bill in this case was filed on July 19, 1888, by the appellee, J. W. Johnson, against the appellant Isaiah E. Boot; and sought to have enforced the specific performance of a contract for the purchase of a certain lot, and also to enjoin the prosecution of an action of ejectment, which had been instituted by the respondent against the complainant to recover the possession of said lot. The agreement of sale, which was in writing, and attached as an exhibit to the bill of complaint, was in…
1Opinion of the CourtStone, C. J.
The bill in this case was filed July 19, 1888. Its object is to enforce specific performance of an executory agreement, whereby Johnson purchased from Boot a half-acre lot of ground lying near the city of Montgomery. The written agreement evidencing the sale, as set out in the reporter’s statement of facts, bears date April 19, 1886, and was signed by Boot, the seller. The price agreed on was $100; $15 agreed to be paid, and actually paid at the date of the contract, and the balance to be paid in quarterly instalments of $10, until the whole purchase-money, with interest, should be paid.
It is…
2Cited by37 opinions
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- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Andrews v. FriersonSupreme Court of Alabama · 1905
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