Carter v. Shorter
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. On the 6th of January, 1876, Henry R. Shorter brought this suit against J. E. Carter for five hundred dollars for an alleged breach of contract entered into on the 25th day of November, 1875, by which, it is alleged, that in consideration of plaintiff’s agreement to”sell and convey to defendant certain lands, defendant agreed to purchase said lands from plaintiff at the price of three thousand…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. H. D. Clayton. On the 6th of January, 1876, Henry R. Shorter brought this suit against J. E. Carter for five hundred dollars for an alleged breach of contract entered into on the 25th day of November, 1875, by which, it is alleged, that in consideration of plaintiff’s agreement to”sell and convey to defendant certain lands, defendant agreed to purchase said lands from plaintiff at the price of three thousand four hundred and thirty-six dollars, in cash, on the 1st January, 1876. The defendant pleaded the general issue and statute…
1Opinion of the CourtBrickell, C. J.
1-2. The main question presented by the record in this case arises under the Statute of Frauds,. which declares that every contract for the sale of lands is void, unless the purchase money or a portion thereof be paid and the purchaser be placed in possession by the seller; or unless such agreement, or some note or memorandum, thereof expressing the consideration, is in writing, and subscribed by the party to be charged therewith, or some other person by him thereunto lawfully authorized in writing. Rev. Code, § 1862, and cl. 6. This court at an early day and after the most attentive…
2Cases cited4 opinions
- Knox v. KingSupreme Court of Alabama · 1860
- Lewis v. WellsSupreme Court of Alabama · 1874
- Carroll v. PowellSupreme Court of Alabama · 1872
- Ballingall v. BradleyIllinois Supreme Court · 1855
3Cited by20 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Flegel v. DowlingOregon Supreme Court · 1909
- White v. BreenSupreme Court of Alabama · 1894
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