Allen v. Young
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 8th October, 1887, by Mrs. M. L. Young, a married woman, against G-eorge W. Allen; and sought the specific performance of a contract between them, for the purchase of a house and lot in Birmingham by the complainant. Thos. Jeffers and Aug.
Read the full summary
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 8th October, 1887, by Mrs. M. L. Young, a married woman, against G-eorge W. Allen; and sought the specific performance of a contract between them, for the purchase of a house and lot in Birmingham by the complainant. Thos. Jeffers and Aug. Fayette were also joined as defendants, on the allegations, that Allen had executed mortgages to them on the property, subsequent to the making of the contract sought to be enforced ; and that they had notice of the complainant’s…
1Opinion of the CourtClopton, J.
In suits for the specific performance of parol contracts respecting the sale of lands, the rules of equity pleading require that the contract shall be distinctly, definitely and precisely averred, so that the court may not be left to inference, or in uncertainty as to its terms, or as to the rights of the parties. In no other class of cases is correspondence between the allegations of the bill and the proof produced to establish them more rigidly exacted. It is not sufficient that some agreement be proved. If the evidence fails to satisfactorily establish the particular agreement alleged in…
2Cases cited5 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Aday v. EcholsSupreme Court of Alabama · 1850
- Bogan v. DaughdrillSupreme Court of Alabama · 1874
- Daniel v. Collins & Co.Supreme Court of Alabama · 1877
- Goodwin v. LyonSupreme Court of Alabama · 1837
3Cited by18 opinions
- Maloy v. BoyettSupreme Court of Florida · 1907
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Jones v. GainerSupreme Court of Alabama · 1908
- Murphy v. PickleSupreme Court of Alabama · 1956
- Nolan v. MooreSupreme Court of Alabama · 1950
13 more not listed; retrieve them via the Exa API.