Davis v. Folmar.
Supreme Court of Alabama
Appeal from Circuit Court, Pike County; A. B. Poster, Judge. Bill by S. O. Davis against W. B. JTolmar for the spe'ffie performance of a contract for the sale of real estate. Decree for respondent, and complainant appeals.
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Appeal from Circuit Court, Pike County; A. B. Poster, Judge. Bill by S. O. Davis against W. B. JTolmar for the spe'ffie performance of a contract for the sale of real estate. Decree for respondent, and complainant appeals. The contract was for the sale of 80 acres of land, the first contract being dated December 15, 1915, with one note payable October 1, 1916, in the sum of $1,728. The third paragraph of the bill alleges a modification of the contract, in that after complainant went into possession about the middle of January, 1915, it was agreed and understood between the parties that, if…
1Opinion of the Court
ANDERSON, O. J.
We agree with the trial court that the contract dated January 11, 1917, was executed as of the day it bears date, and was not a mere duplicate or copy of the contract of 1915 with a subsequent unauthorized change in the date. Moreover, the opinion of the trial court discloses a personal examination of the original paper, and the absence of any signs indicating a change of same as to date, and which said original is not before this court, therefore giving the trial court an advantage in determining this question.
[1] The contract in question is practically the same in form as the…
2Cases cited2 opinions
- Zirkle v. BallSupreme Court of Alabama · 1911
- Nelson v. SandersSupreme Court of Alabama · 1898
3Cited by17 opinions
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- Murray v. WebsterSupreme Court of Alabama · 1951
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- Rogers v. GonzalezSupreme Court of Alabama · 1949
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