Gillespie v. Bradford
Tennessee Supreme Court
On the 24th of December, 1830, the defendant, Bradford, sold to Rolla P. Raines, two lots, lying in the town of Winchester, for the consideration of $412 50, and took Raines’ notes, payable in one, two, and three years after that date, for the purchase money. Bradford executed to Raines his title bond, covenanting to make him a conveyance, when the consideration money was paid.
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On the 24th of December, 1830, the defendant, Bradford, sold to Rolla P. Raines, two lots, lying in the town of Winchester, for the consideration of $412 50, and took Raines’ notes, payable in one, two, and three years after that date, for the purchase money. Bradford executed to Raines his title bond, covenanting to make him a conveyance, when the consideration money was paid. Raines employed the complainant, a brick-layer and plaisterer, to build for him a house on one of the lotsj which he did. Raines being unable to pay Gillespie for the work and materials furnished by him in the erection…
1Opinion of the Court
Catkon, Ch. J.
delivered the opinion of the court.
As complainant comes in to enforce the equity of *170R* Raines, it will be useful to inquire what relief Raines is entitled to by the general powers of the court; for we must take it) the legislature provided a lien in favor of builders with a view to the doctrine applicable to a Court of Equity, and that the well settled principles governing the rights of venders and purchasers, and the powers of the court specifically to decree the performance of contracts, was not overlooked.
If a contract has been entered into for the sale and purchase of land,…
2Cited by2 opinions
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- Prichard Bros. v. CauseyTennessee Supreme Court · 1929