Legal Opinion

Electric Lighting Co. v. Mobile & Spring Hill Railway Co.

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 27 opinions

Appeal from the Chancery Court of Mobile. Heard before the Hon. "W. H. Taylor,. The bill in this case was filed October 10, 1894, by the appellant, the Electric Lighting Company of Mobile, against the appellees, the Mobile & Spring Hill Railway Company and one J. H. Bleoo, the general manager of said railway Company. The opinion states the substance of the material stipulations of the contract set forth in the bill.

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Appeal from the Chancery Court of Mobile. Heard before the Hon. "W. H. Taylor,. The bill in this case was filed October 10, 1894, by the appellant, the Electric Lighting Company of Mobile, against the appellees, the Mobile & Spring Hill Railway Company and one J. H. Bleoo, the general manager of said railway Company. The opinion states the substance of the material stipulations of the contract set forth in the bill. The bill averred performance of the contract on the part of the complainant, but that said defendant company has notified complainant that on. and after Monday, October 8, 1894,…

1Opinion of the Court

BRTCKELL, O. J.

The bill is without a special prayer for the enforcement of the performance of the contract, the subject matter of controversy, but the prayer for an injunction to be continued during the term of the contract, restraining the defendants from threatened breaches of the contract, is ihe equivalent of a prayer for specific performance, converting the bill, if not in form and letter, in substance and spirit, into a bill of that character. 1 Beach, Inj. § 443; Joy v. St. Louis, 138 U. S. 1; Johnson v. S. & B. R. Co.; 3 DeG. Mc. & G. 914-22. An injunction in aid of specific…

2Cases cited5 opinions

  1. Joy v. St. LouisSupreme Court of the United States · 1891
  2. Marble Co. v. RipleySupreme Court of the United States · 1870
  3. Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
  4. South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
  5. Cherry, Smith & Co. v. HerringSupreme Court of Alabama · 1887

3Cited by27 opinions

  1. H. W. Gossard Co. v. CrosbySupreme Court of Iowa · 1906
  2. Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
  3. General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
  4. Lorch, Inc. v. Bessemer Mall Shopping Center, Inc.Supreme Court of Alabama · 1975
  5. Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.Supreme Court of Alabama · 1914

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