Isom v. Johnson
Supreme Court of Alabama
Appeal from Circuit Court, Limestone County; Robt. C. Brickell, Judge. Bill by W. H. Johnson against Arthur L. Isom and another to specifically enforce a written contract to convey land. From a judgment overruling demurrers to the bill, respondents appeal. While equity abhors a forfeiture, and time Is not ordinarily of the essence of the contract therein, it may be made so. 25 R. C. L. 256. Time may be made essential by express stipulation," or by implication.
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Appeal from Circuit Court, Limestone County; Robt. C. Brickell, Judge. Bill by W. H. Johnson against Arthur L. Isom and another to specifically enforce a written contract to convey land. From a judgment overruling demurrers to the bill, respondents appeal. While equity abhors a forfeiture, and time Is not ordinarily of the essence of the contract therein, it may be made so. 25 R. C. L. 256. Time may be made essential by express stipulation," or by implication. Pomeroy’s Equity, § 1408; 33 Ind. App. 434, 70 N. E. 271, 104 Am. St. Rep. 255. Where the value of land is rising rapidly, this fact…
1Opinion of the CourtSayre, J.
Appellee filed the bill in this cause seeking the specific performance of a contract by which appellants agreed to sell and convey to appellee a certain tract of land in Limestone county at a stipulated price per acre. This contract was executed on August 11, 1919. Payment of the purchase money was to be made December 1, 1919, and possession delivered. January 1, 1920, after payment. Warranty deed was to be executed and delivered upon payment of the purchase price. Appellants’ demurrer was overruled, after which this appeal.
[1-3] It is contended in the first place that time was of the essence…
2Cases cited11 opinions
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- Cilabot v. Winter Park Co.Supreme Court of Florida · 1894
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Sheffield Land, Iron & Coal Co. v. NeillSupreme Court of Alabama · 1888
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3Cited by30 opinions
- Realty Securities Corporation v. JohnsonSupreme Court of Florida · 1927
- Lammers v. State Farm Mutual Automobile InsuranceCourt of Civil Appeals of Alabama · 1972
- Forrester v. GranberrySupreme Court of Alabama · 1924
- Eaton v. SadlerSupreme Court of Alabama · 1926
- Green, Inc. v. SmithOhio Court of Appeals · 1974
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