Shakespeare v. Alba
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 2d November, 1883, by Peter E. Alba, in the name of himself and one Oarmelick (whose name was afterwards struck out by amendment), against J. A. Shakespeare, J. M. Lewis, John T. Hardie, and the Elyton Land Company, a private corporation ; and sought to enforce the specific execution, by said corporation, of an agi-eement to lease certain real estate in…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 2d November, 1883, by Peter E. Alba, in the name of himself and one Oarmelick (whose name was afterwards struck out by amendment), against J. A. Shakespeare, J. M. Lewis, John T. Hardie, and the Elyton Land Company, a private corporation ; and sought to enforce the specific execution, by said corporation, of an agi-eement to lease certain real estate in Birmingham, for the term of five years, to one W. F. Orr. The lease, according to the original agreement, as averred in the…
1Opinion of the CourtSomeryille, J.
— The bill is one filed for the specific enforcement of a verbal contract to make a lease for a term of five years. It is brought by the complainant, Alba, as assignee of the leasehold estate, against the Elyt'on Land Company and the other appellants, who claim by privity of estate from this corporate company.
It is insisted that the agreement of the Elyton Land Company to lease the land in controversy to Orr, the assignor of complainant, was void, because repugnant to the Statute of Frauds, which annuls all verbal agreements for the sale of lands, or any interest therein, “except leases for a…
2Cases cited9 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Warren v. WagnerSupreme Court of Alabama · 1883
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Heflin v. BinghamSupreme Court of Alabama · 1876
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3Cited by37 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Christie v. DurdenSupreme Court of Alabama · 1921
- W. P. Brown & Sons Lumber Co. v. RattraySupreme Court of Alabama · 1939
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