Goodlett v. Hansell
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard hefore the Hon. E. H. Foster,' as special chancellor, selected by the parties on account of the incompetency of Chancellor H- C. Speake.
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Appeal from the Chancery Court of Lawrence. Heard hefore the Hon. E. H. Foster,' as special chancellor, selected by the parties on account of the incompetency of Chancellor H- C. Speake. The bill in this case was filed on the 30th September, 1879, by David C. Goodlett, against John W. Hansell and others, children and heirs at law of John H. Hansell and Carrie R. Hansell, his wife, both deceased, and against Terence Kelly ; and sought the specific execution of a contract made between the complainant and Mrs. Hansell in her life-time, for an exchange of lots. The contract -between the…
1Opinion of the Court
BRICKELL, O. J.
The agreement made by the appellant and Mrs. Hansell was an exchange, rather than a sale of lands. There is, however, no material difference because of the character of the contract, in respect to the principles upon which a court of equity must proceed in compelling or refusing specific performance. Whether the one or the other, the agreement must be fair and just in all its parts, and founded upon an adequate consideration : if wanting in either of these essential elements, the court will not interfere.—Gould v. Womack, 2 Ala. 83; Casey v. Holmes, 10 Ala. 776.
The want of…
2Cases cited12 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Marks v. CowlesSupreme Court of Alabama · 1875
- Gould v. WomackSupreme Court of Alabama · 1841
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Burns v. TaylorSupreme Court of Alabama · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Bethea v. McCulloughSupreme Court of Alabama · 1915
31 more not listed; retrieve them via the Exa API.