Legal Opinion
General Securities Corporation v. Welton
Supreme Court of Alabama
Decided May 14, 1931No. 6 Div. 752PublishedCited by 26 opinions
1Opinion of the CourtThomas, J.
Respective counsel say the exact case has not been decided by this court.
The bill is for specific performance. De-’ murrer was overruled as to the bill as a whole and each and every aspect thereof. City of Birmingham v. Louisville & N. R. Co., 216 Ala. 178, 185, 112 So. 742.
In determining the propriety of such a decree, the inadequacy of a legal remedy is a primary consideration. If the character of the property be such that the loss of delivery per the contract will not be fairly compensated in damages, based upon an estimate of its market value, the general rule is that relief may he had in…
2Cases cited65 opinions
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Adams v. MessingerMassachusetts Supreme Judicial Court · 1888
- Johnson v. . BrooksNew York Court of Appeals · 1883
60 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ex Parte McNaughtonSupreme Court of Alabama · 1998
- Northcom, Ltd. v. JamesSupreme Court of Alabama · 1997
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Boozer v. BlakeSupreme Court of Alabama · 1944
- Downing v. WilliamsSupreme Court of Alabama · 1939
21 more not listed; retrieve them via the Exa API.