Johnston v. Jones
Supreme Court of Alabama
Appeal from tbe City Court of Birmingbam, in equity. Heard, before tbe Hon. H. A. Sharpe. Tbe bill in tbis case was bled on tbe 8tb February, 1887, by W. H. "Williams and A. H. Jonesj against 0. A. Jobnston and H. B. Jobnston, and sought tbe specibc performance of a contract for tbe sale of a tract or lot of land, wbicb tbe complainants claimed to bave bought from tbe defendants.
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Appeal from tbe City Court of Birmingbam, in equity. Heard, before tbe Hon. H. A. Sharpe. Tbe bill in tbis case was bled on tbe 8tb February, 1887, by W. H. "Williams and A. H. Jonesj against 0. A. Jobnston and H. B. Jobnston, and sought tbe specibc performance of a contract for tbe sale of a tract or lot of land, wbicb tbe complainants claimed to bave bought from tbe defendants. Tbe land was a lot in Birmingbam, one hundred feet square; tbe agreed price being $16,000, of wbicb $4,000 was to be paid in cash. The terms of tbe contract were negotiated between said W. H. Williams as purchaser,…
1Opinion of the CourtClopton, J.
The evidence establishes beyond a reasonable controversy, that a contract for the sale of the land mentioned in the bill, to appellees, was made by W. C. Smith, as the agent of appellants, at the price, and upon the terms substantially corresponding with the allegations of the bill as amended. There is no contention that the contract is not plain and certain in its terms, fair, just and reasonable in its provisions, and founded on an adequate consideration. Neither is there any pretense that it was obtained by any undue advantage, accident, or surprise, or that it is affected by any…
2Cases cited2 opinions
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