Snow v. Trabits

SHORES, Justice.

This is the second appeal in this case. In Trabits v. Snow, 294 Ala. 313, 316 So.2d 336 (1975), this court reversed and remanded a judgment of the trial court ordering specific performance of a contract for the sale of land. There, the court held that Mrs. Tra-bits’ husband had not assented to the contract pursuant to the requirements of Title 34, § 73, Code. The opinion expressly pointed out, however, that the constitutionality of that statute had not been raised at trial nor on appeal.

When the case was reversed and remanded, the plaintiff, Snow, amended his complaint to…