Stewart v. White
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. R. White against S. E. Stewart, Stewart Brothers, and the members composing the firm, to specifically perform a contract. Prom a decree granting a temporary mandatory injunction, respondents appeal.
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Appeal from Morgan Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. R. White against S. E. Stewart, Stewart Brothers, and the members composing the firm, to specifically perform a contract. Prom a decree granting a temporary mandatory injunction, respondents appeal. The bill asked for a receiver to take charge of the property of the Stewarts, and that the receiver sell or sequester so much of the property as may be necessary to finance complainant’s enterprise, according to the contract, and to restrain and enjoin each and all of the respondents from refusing to accept all invoices…
1Opinion of the Court
de GRAFFENRIED, J.
We deem it necessary to discuss only one question . presented by this record. That question grows out of the following facts :
S. E. Stewart sold to J. R. White certain land in the town of Hartselle, Ala., upon which was situated a stave mill. White made to Stewart a mortgage for $5,700 on the property, $4,750 of which was for the purchase price of the property, and $950 was for cash furnished by Stewart to White to purchase new machinery for the mill. When this mortgage was made Stewart and White agreed that Stewart, and “also the firm of Stewart Bros., * * * shall accept…
2Cases cited4 opinions
- Evans v. StateSupreme Court of Alabama · 1895
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
- Tombigbee Valley R. R. v. Fairford Lumber Co.Supreme Court of Alabama · 1908
- Dimmick v. StokesSupreme Court of Alabama · 1907
3Cited by11 opinions
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Beckham v. Munger Oil & Cotton Co.Court of Appeals of Texas · 1916
- Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
- Bessemer Coal, Iron & Land Co. v. BullardSupreme Court of Alabama · 1927
- Ex Parte Jim Dandy CompanySupreme Court of Alabama · 1970
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