Derrick v. Brown
Supreme Court of Alabama
Appeal from the Chancery Court of Jacksoii. Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 9th November, i875, by John A. Brown, against Lafayette Derrick and Francis D. Stephens; and sought the specific performance of a contract between complainant and said Stephens, for the sale and purchase of a tract of land, or the exchange of one tract for another.
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Appeal from the Chancery Court of Jacksoii. Heard before the Hon. H. C. Speake. The original bill in this case was filed on the 9th November, i875, by John A. Brown, against Lafayette Derrick and Francis D. Stephens; and sought the specific performance of a contract between complainant and said Stephens, for the sale and purchase of a tract of land, or the exchange of one tract for another. A demurrer having been sustained to the original bill, an amended bill was filed, in which the facts were stated substantially as follows: On or about the 5th December, 1863, the complainant was in…
1Opinion of the CourtStone, J.
The present is a bill for specific performance, and to have title devested out of Derrick, and vested in complainant, Brown. The chancellor decreed in favor of complainant. It is contended for appellant, that under the substituted, or renewed contract, between Stephens and Brown, there can be no recovery, because said renewed contract was simply oral, not evidenced by any writing, and by its terms it was not to be performed within a year; and Derrick pleads that fact in bar of complainant’s recovery. — Code of 1876, *166§ 2121, subd. 1. The original contract of sale was in writing, and signed by…
2Cases cited3 opinions
- Smith's Heirs v. Branch Bank at MobileSupreme Court of Alabama · 1852
- Rather v. Young's Adm'rsSupreme Court of Alabama · 1876
- Bryan v. HendrixSupreme Court of Alabama · 1876
3Cited by19 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Christie v. DurdenSupreme Court of Alabama · 1921
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
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