Catanzano v. Hydinger

ANDERSON, Chief Justice.

The bill of complaint is primarily for a rescission and cancellation of the contract of sale and a restoration to the complainant of so much of the purchase money heretofore paid because of a breach on the part of the respondents to grade and gravel the streets, furnish water and lights as covenanted to do in the lease sale contract. If this were all, the complainant would doubtless have a plain and adequate remedy at law. Nicolopoolos v. Donovan et al., 221 Ala. 16, 127 So. 543. True, the bill avers that Greenwood is insolvent, but it also charges that Oatanzano…