Day v. Galloway
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Action on promissory note by H. L. Galloway against J. K. Day. Judgment for plain- tiff, and defendant appeals. The facts sufficiently appear in the separate opinions of the court. Payment of the purchase money for land sold under a bond for title cannot be enforced after rescission by the vendor. Frost v. Frost, 11 Me. 235; George v. Stockton, 1 Ala. 137; Winter v. Livingston, 13 Johns.
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Appeal from Circuit Court, Montgomery County; Walter B. Jones, Judge. Action on promissory note by H. L. Galloway against J. K. Day. Judgment for plain- tiff, and defendant appeals. The facts sufficiently appear in the separate opinions of the court. Payment of the purchase money for land sold under a bond for title cannot be enforced after rescission by the vendor. Frost v. Frost, 11 Me. 235; George v. Stockton, 1 Ala. 137; Winter v. Livingston, 13 Johns. (N. T.) 54; Icely v. Grew, 6 N. & M.' 467; Frazier v. Ryan, 24 Out. App. 441; Sterman v. Thornton, 3 Ky. Law Rep. 540; Henderson v.…
1Opinion of the CourtMerritt, J.
Undqr the terms of the contract Vogel, exercising his option, agreed to the abandonment of the contract by Day, who according to the evidence told him (Vo-gel) between the 1st and 15th day of January that he (Day) was unable to meet the purchase money note duo January 1st. That the actual possession was not delivered until about the 1st of February is of no consequence, as to all intents and purposes the facts show that the contract, as one of purchase and sale, was abrogated between the 1st and 15th of January,’ when Day told Vogel he could not pay for the property, and Vogel assented to a…
2Cases cited6 opinions
- Ross v. ParksSupreme Court of Alabama · 1890
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Hamaker v. CoonsSupreme Court of Alabama · 1897
- Scroggins v. McDougaldSupreme Court of Alabama · 1845
- Forney v. City of BirminghamSupreme Court of Alabama · 1911
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3Cited by2 opinions
- Armour Fertilizer Works v. ZillsSupreme Court of Alabama · 1937
- Ex Parte GallowaySupreme Court of Alabama · 1923