Cudd v. Wood
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Ro'bt. C. Briekell, Judge. Bill by J. J. Cudd against T. P. Wood to reform a contract and to enforce a vendor’s lien, the vendee having failed to pay. Decree for respondent, and complainant appeals.
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Appeal from Circuit Court, Morgan County; Ro'bt. C. Briekell, Judge. Bill by J. J. Cudd against T. P. Wood to reform a contract and to enforce a vendor’s lien, the vendee having failed to pay. Decree for respondent, and complainant appeals. The court erred in sustaining the grounds of demurrer, asserting that the scrivener’s mistake was inconsistent with the mutual mistake of the parties. 39 Cyc. 910, 911, 919, 920. The execution of the bond and the acceptance of the notes gave the purchaser a hold on the lots which he refuses to surrender, and for which he refuses to pay, as well as other…
1Opinion of the CourtGardner, J.
Appellant was the owner of a suburban tract near Hartsells, Ala., which was surveyed and platted, and divided off into lots, advertised and auctioned by real estate dealers, the appellee becoming a purchaser of four of the lots, with the privilege of buying others at the same price, which was done. All of the details of the sale were conducted by the real estate dealers without the appellant’s participation in any respect. Appellee paid $60 in cash, and executed three notes for $60, each payable 6, 12, and 18 months after date with a stipulation therein that, if default be made in any one of…
2Cases cited11 opinions
- Meek v. HurstSupreme Court of Missouri · 1909
- Camper v. RiceSupreme Court of Alabama · 1918
- Penney v. NortonSupreme Court of Alabama · 1919
- Kinney v. EnsmingerSupreme Court of Alabama · 1888
- Linn v. McLeanSupreme Court of Alabama · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
- American Federation of State, County & Municipal Employees v. DawkinsSupreme Court of Alabama · 1958
- Ballentine v. BradleySupreme Court of Alabama · 1938
- Parra v. CooperSupreme Court of Alabama · 1925
- Clipper v. GordonSupreme Court of Alabama · 1950
16 more not listed; retrieve them via the Exa API.