Eutaw Ice, Water & Power Co. v. Town of Eutaw
Supreme Court of Alabama
Appeal from Circuit Court, Greene County; H. B. Poster, Judge. Bill by the Town of Eutaw against the Eutaw Ice, Water & Power Company for a forfeiture and dissolution of the respondeat corporation. Prom a decree overruling demurrers to the bill, respondent appeals. The substance of the bill sufficiently appears from the opinion.
Read the full summary
Appeal from Circuit Court, Greene County; H. B. Poster, Judge. Bill by the Town of Eutaw against the Eutaw Ice, Water & Power Company for a forfeiture and dissolution of the respondeat corporation. Prom a decree overruling demurrers to the bill, respondent appeals. The substance of the bill sufficiently appears from the opinion. Section 23 of the contract entered into by and between the town of Eutaw and the respondent corporation is as follows: It is mutually understood and agreed that in the event the said Eutaw, Ice, Water & Power Company, its successors or assigns, fail at any time during…
1Opinion of the CourtAnderson, C. J.
The present bill was filed under section 3513 of the Code of 1907. It is not, strictly speaking, a bill for the specific performance of a contract which would require an averment of performance or readiness to perform on the part of the complainant as a condition, precedent to relief. It is in the nature of a quo warranto and seeks a forfeiture of the francmse and dissolution of the corporation upon the grounds therein set out and as provided by the statute. Hence the authorities cited by counsel for appellant relating to specific performance and actions for the breach of contract have no…
2Cases cited6 opinions
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Mobile Electric Co. v. City of MobileSupreme Court of Alabama · 1918
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
- Strange v. WatsonSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
- Bobo v. Edwards Realty Co.Supreme Court of Alabama · 1947
- American Book Co. v. StateSupreme Court of Alabama · 1927
- Adler v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1937
5 more not listed; retrieve them via the Exa API.