Nicolopoolos v. Donovan
Supreme Court of Alabama
1Opinion of the Court
ANDERSON, O. J.
We concur in the statement in the brief of appellees’ counsel: “The jurisdiction of a court of equity to enforce the rescission of contracts and the surrender and cancellation of written instruments for due cause and to grant such other relief as the party may be entitled to is beyond question and is a remedy which equity courts alone are able to confer.” But it must be borne in mind that, in order to invoke the' powers of equity courts for this purpose, it must affirmatively appear from the bill of complaint that the complainant has no plain and complete remedy at law to…
2Cases cited4 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Merritt v. EhrmanSupreme Court of Alabama · 1896
- National Life Accident Ins. Co. v. PropstSupreme Court of Alabama · 1929
- Bullard Shoals Mining Co. v. SpencerSupreme Court of Alabama · 1922
3Cited by9 opinions
- Tiger Motor Co. v. McMurtrySupreme Court of Alabama · 1969
- Merchants' Nat. Bank of Mobile v. RocheSupreme Court of Alabama · 1933
- Wood v. Master Schools, Inc.Supreme Court of Alabama · 1930
- Samples v. GrizzellSupreme Court of Alabama · 1935
- Bullen v. TruloveSupreme Court of Alabama · 1932
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