Greil v. Tillis
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by N. J. Greil against Bichará Tillis, to reform a contract. Judgment for respondent and complainant appeals. The contract referred to was a contract to sell certain personal property situated within the limits of what was then known as “Electric Park,” owned by the Montgomery Amusement Company. It is alleged that the stuff was itemized, and an estimate of value placed opposite each item.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by N. J. Greil against Bichará Tillis, to reform a contract. Judgment for respondent and complainant appeals. The contract referred to was a contract to sell certain personal property situated within the limits of what was then known as “Electric Park,” owned by the Montgomery Amusement Company. It is alleged that the stuff was itemized, and an estimate of value placed opposite each item. It is averred that, in drawing the contract, the draughtsman committed a mistake in the description of the property, by adding a…
1Opinion of the CourtAnderson, J.
Tbe original bill sought a reformation of the contract of sale because of a mutual mistake, while tbe amendment is based upon fraud upon tbe part of tbe respondent and mistake on tbe part of tbe complainant. It cannot be seriously contended that there was a mutual mistake, as tbe clause of tbe contract sought to be reformed was inserted by Tillis and for the very purpose of making tbe sale cover everything in the park except what was owned by tbe street railway company. It is questionable whether or not Tillis intended to buy all property in tbe Park, all property owned by tbe amusement…
2Cases cited9 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Cannon v. LindseySupreme Court of Alabama · 1887
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McKleroy v. DishmanSupreme Court of Alabama · 1932
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
- Great Atlantic & Pacific Tea Co. v. Engel Realty Co.Supreme Court of Alabama · 1941
- Gralapp v. HillSupreme Court of Alabama · 1921
- Patterson v. First Nat. Bank of PiedmontSupreme Court of Alabama · 1934
4 more not listed; retrieve them via the Exa API.