McKleroy v. Tulane
Supreme Court of Alabama
Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. ClaRK. The bill in this case was filed by William H. McKleroy, against Paul Tulane and others, and sought to have a tract of land sold for the payment of the purchase-money. The land was bought by McKleroy & Co., a mercantile partnership iu Wetumpka, which was composed of the complainant and one Leonard H. Hamilton as equal partners.
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Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. ClaRK. The bill in this case was filed by William H. McKleroy, against Paul Tulane and others, and sought to have a tract of land sold for the payment of the purchase-money. The land was bought by McKleroy & Co., a mercantile partnership iu Wetumpka, which was composed of the complainant and one Leonard H. Hamilton as equal partners. Hamilton died in New York, in 1846, having executed his last will and testament, wherein he appointed Francis Daniels his executor, and bequeathed his interest in said land to his several…
1Opinion of the CourtR. W. Walker, J.
The agreement alleged in the bill is one founded upon mutual and concurrent conditions: the stipulated conveyance by one party, and the payment of the purchase-money by the other, were to be contemporaneous acts, and each of the contractors was bound to perform on his part at the time fixed. — Whitehurst v. Boyd, 8 Ala. 375; Smith v. Lewis, 24 Conn. 624; Ledyard v. Manning, 1 Ala. 153; Smith v. Christmas, 7 Yerger, 565; 2 Lomax’s Dig. 47 ; 4 Florida, 359.
The contract being a mere agreement on the one side to sell, and on the other to purchase, at a future day, the purchaser was not entitled…
2Cases cited13 opinions
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Smith v. LewisSupreme Court of Connecticut · 1856
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Clark v. RedmanIndiana Supreme Court · 1825
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3Cited by12 opinions
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Gentry v. RogersSupreme Court of Alabama · 1867
- Moss v. KingSupreme Court of Alabama · 1914
- Baker v. HowisonSupreme Court of Alabama · 1925
- Oden-Elliott Lumber Co. v. Daniel-Gaddis Lumber Co.Supreme Court of Alabama · 1923
7 more not listed; retrieve them via the Exa API.