Birmingham Warehouse & Elevator Co. v. Elyton Land Co.
Supreme Court of Alabama
Bill in Equity by Purchaser, for Rescission of Contract of Sale. Appeal from the Chancery Court of Jefferson. Tried before the Hon. Thomas Cobbs. The bill in this case was filed on the 11th April, 1889, by the appellant corporation against the Elyton Land Company, and sought the rescission of a contract for the purchase by the complainant, from the defendant, of two blocks of land in Birmingham.
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Bill in Equity by Purchaser, for Rescission of Contract of Sale. Appeal from the Chancery Court of Jefferson. Tried before the Hon. Thomas Cobbs. The bill in this case was filed on the 11th April, 1889, by the appellant corporation against the Elyton Land Company, and sought the rescission of a contract for the purchase by the complainant, from the defendant, of two blocks of land in Birmingham. The contract for the sale and purchase of the property was made on the 9th' March, 1887, and was negotiated by and between J. A. VanHoose, acting as agent and trustee for himself and associates, who…
1Opinion of the CourtColeman, J.
— Complainant's bill is filed to obtain the rescission of a contract upon the ground of misrepresentations.
On the 9th of March, 1887, James S. YanHoose and others, desiring to organize a corporation to be known as the Warehouse & Elevator Company, purchased from the defendant two blocks, numbered 210 and 427, in the city of Birmingham, ' which fronted north on 8th Avenue 800 feet, and were bounded on the east 500 feet by 29th Street. They paid five thousand dollars in cash, and, after the organization of the company in accordance with the terms of the purchase, its notes, nine in number, each…
2Cases cited13 opinions
- Lawrence v. GayettyCalifornia Supreme Court · 1889
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
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3Cited by25 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Boston Piano & Music Co. v. Pontiac Clothing Co.Michigan Supreme Court · 1917
- International Realty Associates, Inc. v. McAdooSupreme Court of Florida · 1924
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
- Palmetto Bank & Trust Co. v. GrimsleySupreme Court of South Carolina · 1926
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