Stephenson v. Atlas Coal Co.
Supreme Court of Alabama
Appeal- from Walker Oliancery Court. Heard before Hon. Alfred H. Benners. Bill by H. W. Stephenson against the Atlas Coal Company. From a decree sustaining a motion to dismiss for want of equity, complainant appeals. —The bill contained equity and its dismissal error-. — 15 A. & E. Ency.-of Law, p. 1002; 10 A. & E. Dec. p. 37; Long v. Ga. Pac.
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Appeal- from Walker Oliancery Court. Heard before Hon. Alfred H. Benners. Bill by H. W. Stephenson against the Atlas Coal Company. From a decree sustaining a motion to dismiss for want of equity, complainant appeals. —The bill contained equity and its dismissal error-. — 15 A. & E. Ency.-of Law, p. 1002; 10 A. & E. Dec. p. 37; Long v. Ga. Pac. R. R. Go., 91 Ala. 519. If the bill was amendable it was improperly dismissed in vacation without giving an opportunity for amendment. — 3 Mayfield, p. 333. Inadequacy of consideration alone is- not sufficient to authorize cancellation. — 3 Pomeroy, 826…
1Opinion of the CourtDowdell, J.
The purpose of the bill filed in this case is the cancellation of an executed contract on the ground of a partial failure of consideration. No fraud is alleged. The cause was submitted on motion to dismiss the bill for want of equity, and was held for decree in vacation. A decree was rendered in vacation sustaining the motion and dismissing the bill for want of equity. From this decree the present appeal is prosecuted.
Mere inadequacy of consideration is not sufficient to authorize the cancellation of a contract. — 3 Pom. Eq. Ju. 826-928. Nor will mistake in law or partial failure of…
2Cases cited4 opinions
- Ex parte HayesSupreme Court of Alabama · 1890
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Stacey v. WalterSupreme Court of Alabama · 1899
- Bell v. Lawrence's AdministratorSupreme Court of Alabama · 1874
3Cited by5 opinions
- Southern Colonization Co. v. DerflerSupreme Court of Florida · 1917
- Boyd v. GarrisonSupreme Court of Alabama · 1944
- Cary v. CarySupreme Court of Alabama · 1952
- Black v. CampbellSupreme Court of Alabama · 1927
- McCaskill v. Scotch Lumber Co.Supreme Court of Alabama · 1907