Nelson v. Sanders
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. This action was brought by the appellant, R. M. Nelson, against A. O. Sanders, to recover an amount alleged to be due to the plaintiff as rent for “240 acres of land in Pike county, Alabama, known as the R. F. and J. A. Park lands.” The defendant pleaded the general issue and payment.
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. This action was brought by the appellant, R. M. Nelson, against A. O. Sanders, to recover an amount alleged to be due to the plaintiff as rent for “240 acres of land in Pike county, Alabama, known as the R. F. and J. A. Park lands.” The defendant pleaded the general issue and payment. On the trial of the cause, the following facts were shown: On February.26, 1895, S. H. Wilson and J. W. Law, entered into a contract for the purchase of 240 acres of land in Pike county, Alabama, from R. M. Nelson, which lands were known…
1Opinion of the CourtTyson, J.
The defendant by his contract with the plaintiff, appellant, became bound by every term of the contract made betAveeñ Wilson and Law and appellant. He took their place, assumed every obligation imposed by it, and became entitled to all the benefits' conferred by it. This contract was clearly an agreement on the part of the defendant to purchase the lands described in it and bound him to pay the purchase money in the install*620ments at the date fixed for their maturity, and bound the plaintiff to make to him a warranty deed to the lands upon the payment by him of the purchase money and a…
2Cases cited1 opinion
- Collins v. WhighamSupreme Court of Alabama · 1877
3Cited by18 opinions
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- Commercial Union Fire Ins. Co. of N.Y. v. ParvinSupreme Court of Alabama · 1966
- Jones v. HertSupreme Court of Alabama · 1915
- Bartlesville Oil & Improvement Co. v. HillSupreme Court of Oklahoma · 1911
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