Town of Camden v. Fairbanks, Morse & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Bill by Fairbanks, Morse & Co. against the Town of Camden for the sale of certain property, or for its restoration, and for general relief. From the decree rendered, the respondent appeals. The demurrers to the bill should hav¿ been sustained, because of an adequate remedy at law. 114 r. S. 190, 5 Sup. Ct: 820, 29 L. Ed. 132. The contract was not properly executed.
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Appeal from Circuit Court, Wilcox County; B. M. Miller, Judge. Bill by Fairbanks, Morse & Co. against the Town of Camden for the sale of certain property, or for its restoration, and for general relief. From the decree rendered, the respondent appeals. The demurrers to the bill should hav¿ been sustained, because of an adequate remedy at law. 114 r. S. 190, 5 Sup. Ct: 820, 29 L. Ed. 132. The contract was not properly executed. Section 1183, Code 1907, as amended by Acts 1909, p. 205; 28 Cyc. 664, 686; 45 Ala. 237; 20 A. & E. Ency. of Daw, 1157, 1163, 1165; 31 Ala. 76. The hill also involves,…
1DissentMcCLELLAN, J.
The appellee filed this bill against the appellant, seeking, in the alternatives asserted, remedies and reliefs that the appellee conceives to be its due, consequent upon the failure or refusal of the appellant to pay for certain machinery and attachments that were sold, on terms, by appellee to appellant to constitute and, being installed, now constitute, a part of the waterworks system of the appellant. The demurrer to the bill was overruled, to review which action this appeal is alone concerned. The transaction was reduced to writing, exhibited in copy with the bill.
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2Cases cited12 opinions
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- Adams v. AdamsSupreme Court of Alabama · 1855
- McGeever v. Harris & SonsSupreme Court of Alabama · 1906
- Kerlin v. RamageSupreme Court of Alabama · 1917
- Douglass v. Branch Bank at MobileSupreme Court of Alabama · 1851
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