Gafford v. Proskauer & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. Hubiosco Austill. The facts are stated in the opinion. 1. The bill had equity in it. The object of the bill was to enjoin the defendants from foreclosing a mortgage alleged to have been paid and discharged.—37 Ala. 354; 14 Ala. 476. The damages resulting from a breach of contract may be ascertained in a court of equity.
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Appeal from the Chancery Court of Butler. Heard before the Hon. Hubiosco Austill. The facts are stated in the opinion. 1. The bill had equity in it. The object of the bill was to enjoin the defendants from foreclosing a mortgage alleged to have been paid and discharged.—37 Ala. 354; 14 Ala. 476. The damages resulting from a breach of contract may be ascertained in a court of equity. The mortgage and the contract were made on the same day, and the different papers and verbal agreement constitute part and parcel of a single contract.—1 Brick. Dig. p. 639, § 5. For wherever two or more papers…
1Opinion of the Court
BMCKELL, C. J.—
The bill substantially alleges, that the appellee is proceeding to execute a power of sale, con*266tained in a mortgage executed to him by the appellant. The execution of the power it is alleged is inequitable, because the appellant, for damages resulting from a breach of an agreement, by which the appellee was to advance the appellant moneys to carry on his mercantile business, and to purchase cotton during the cotton season of 1873 and 1874; and was liable also for damages, for making sales contrary to instructions, of cotton shipped him for sale ; and these damages, it is…
2Cases cited9 opinions
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Erwin v. ErwinSupreme Court of Alabama · 1854
- Adams v. AdamsSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Weaver v. BrownSupreme Court of Alabama · 1888
- Caldwell v. CaldwellSupreme Court of Alabama · 1910
- Knight v. DraneSupreme Court of Alabama · 1884
- Samuels v. ScottSupreme Court of Alabama · 1925
12 more not listed; retrieve them via the Exa API.