Ingraham v. Foster
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. The original bill in this case was filed by James G. Ingraham, the appellant, against Pirineas 0. Foster, Roger A. Hearne, and James A. Gage; alleging that, in.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Wade Keyes. The original bill in this case was filed by James G. Ingraham, the appellant, against Pirineas 0. Foster, Roger A. Hearne, and James A. Gage; alleging that, in. April, 1849, complainant and defendants entered into written articles of partnership for the building of a steamboat, to be employed in trade in the bay of Mobile, — each partner to pay one fourth of the expenses, and to have one undivided fourth interest in the boat and profits ; that a boat was built in pursuance of this agreement, called the Swan, and…
1Opinion of the CourtWalker, J.
— It is necessary to inquire in this case, what is the object of the complainant’s bill. Is it a bill for a specific performance, and is the complainant’s right to relief to be determined according to the rules which apply to suits for a specific performance of contracts ? It is certain that the complainant’s bill is not designed to be an application for the specific performance of a contract, for it avers the existence of the partnership, its continuance for some time, and the receipt of large profits, and only prays a recovery of the complainant’s share of the profits. Hpon the allegations…
2Cases cited8 opinions
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Byrd v. OdemSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Cain v. GimonSupreme Court of Alabama · 1860
- Farris v. HoustonSupreme Court of Alabama · 1884
- Cain Lumber Co. v. Standard Dry Kiln Co.Supreme Court of Alabama · 1895
- Wood v. SteeleSupreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.