Adams v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Suit by W. W. Adams against N. B. Smith and another. From a decree dismissing the bill, complainant appeals. The failure to pay at maturity all the notes was waived by the respondent by taking payments subsequent to maturity. 89 Ala. 402, 8 South. 114, 18 Am.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Suit by W. W. Adams against N. B. Smith and another. From a decree dismissing the bill, complainant appeals. The failure to pay at maturity all the notes was waived by the respondent by taking payments subsequent to maturity. 89 Ala. 402, 8 South. 114, 18 Am. St. Rep. 126; (Ala.) 39 South. 581; 185 Ala. 71, 64 South. 55; 199 Ala. 470, 74 South. 439 ; 75 Ala. 109; 128 Ala. 221, 29 South. 640. Equity abhors forfeitures, and looks through mere form to the substance of the contract. 201 Ala. 70, 77 South. 364; 203 Ala. 87, 82…
1Opinion of the CourtSayre, J.
This bill was filed by appellant seeking relief by way of a decree in the nature of a decree for the specific performance of a contract by which appellee agreed to convey the property in dispute upon the completion of payments distributed over a considerable period. The original contract was dated August 12, 1915. The parties entered into a substituted or renewal contract August 12, 1918. Stipulated payments were denominated rents in both papers, but, looking through form to substance, it is apparent that the contract was for the sale of the property, with proviso that in the event of…
2Cases cited1 opinion
- Eason v. RoeSupreme Court of Alabama · 1913
3Cited by3 opinions
- Hill v. TaylorSupreme Court of Alabama · 1970
- France v. RamseySupreme Court of Alabama · 1926
- In re GunningDistrict Court, E.D. Washington · 1941