South & North Alabama Railroad v. Highland Avenue & Belt Railroad
Supreme Court of Alabama
Appeal 'from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The appeal is taken from the final decree on pleadings and proof, granting complainant relief. The case is stated in the opinion. The contract to be specifically enforced must be founded on a valuable consideration. It must be fair, equal and just in all its terms and circumstances.
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Appeal 'from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The appeal is taken from the final decree on pleadings and proof, granting complainant relief. The case is stated in the opinion. The contract to be specifically enforced must be founded on a valuable consideration. It must be fair, equal and just in all its terms and circumstances. The contract and the situation of the parties must be such that the remedy of specific performance will not be harsh or oppressive. If the contract is itself unfair, one-sided, unjust and unconscionable, entered into by mistake, or affected by…
1Opinion of the CourtBrickell, C. J.
The bill of complaint in this *111cause was filed on November 28th, 1889, by the appellee against the appellant, and sought to have enforced by injunction the specific performance of that part of an agreement made in July, 1887, between the Elyton Land Company and the appellant, by which the latter granted to the former, among other privileges, the right to build a track for a belt railroad, then being built, on its right of way from a point between Twenty-ninth and Thirtieth streets to a point three hundred feet east of the east line of Twenty-fourth street, a distance of twenty-four hundred…
2Cases cited23 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Fritts v. PalmerSupreme Court of the United States · 1889
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Christian Union v. YountSupreme Court of the United States · 1880
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3Cited by16 opinions
- Simoneau v. Pacific Electric Ry. Co.California Supreme Court · 1911
- Louisville & Nashville R. R. v. Western Union Telegraph Co.Supreme Court of Alabama · 1915
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- Wood v. LettSupreme Court of Alabama · 1916
- Ex Parte FullerSupreme Court of Missouri · 1932
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