Kent v. Dean
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the 1-Ion. William H. Simpson. The bill in this case was filed June 4, 1897, by.the appellee, L. B. Bean, against the appellant, J. Cl. Kent, Adeline Hill, individually, and as guardian of Frank J. Knight and Julia Knight and S. A. Vest and J. W. Vest.
Read the full summary
Appeal from the Chancery Court of Morgan. Heard before the 1-Ion. William H. Simpson. The bill in this case was filed June 4, 1897, by.the appellee, L. B. Bean, against the appellant, J. Cl. Kent, Adeline Hill, individually, and as guardian of Frank J. Knight and Julia Knight and S. A. Vest and J. W. Vest. The prayer of tihe bill was that upon final hearing the chancellor would render a decree investing in the complainant 'the title to the land purchased from Adeline Hill, enforcing the specific performance of the contract set out in the bill, and for such other, further, additional and…
1Opinion of the CourtHaralson, J.
1. The relation- of vendor and A'endee -of land does not exist between the complainant and defendant, Kent. Lie did not sell the land to the complainant, and the latter did not purchase the same *608from, and owed the former nothing on account of a sale of the land. The contract between the parties was verbal, and there was no consideration for it, passing between them. The complainant could not sue and recover damages of defendant for its breach; and the general rule is, if an action at law will not lie on a contract to recover damages for its breach, equity will decline, to decree its specific…
2Cases cited8 opinions
- Moore v. CrawfordSupreme Court of the United States · 1889
- Manning v. PippenSupreme Court of Alabama · 1888
- Burt v. CassetySupreme Court of Alabama · 1848
- Comer v. BankheadSupreme Court of Alabama · 1881
- Scottish Union & National Insurance v. DangaixSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Talley v. TalleySupreme Court of Alabama · 1946
- Edmondson v. JonesSupreme Court of Alabama · 1920
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
- Enslen v. AllenSupreme Court of Alabama · 1909
- Clark v. FrazierSupreme Court of Oklahoma · 1918
33 more not listed; retrieve them via the Exa API.