Dixie Industrial Co. v. Benson
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Suit by John J. Benson, individually and as administrator, against the Dixie Industrial Company and others. Prom a decree overruling demurrers, respondents appeal.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Suit by John J. Benson, individually and as administrator, against the Dixie Industrial Company and others. Prom a decree overruling demurrers, respondents appeal. This bill was filed by John J. Benson, individually and as administrator of the estate of William E. Benson, deceased, against the Dixie Industrial Company, a corporation, the Ko.waliga Academic and Industrial School, a corporation, Alabama Interstate Power Company, a corporation, and one Benjamin Russell. The bill sought the enforcement of a vendor’s lien upon a…
1Opinion of the CourtGardner, J.
It is strenuously insisted upon this appeal that no relief can he had by way of enforcement of the vendor’s lien under such a contract, as set out in the foregoing statement of the case, on, account of the uncertainty and indefiniteness of the consideration therein expressed. This we consider as the question of prime importance on this appeal. It is recognized b,y all the authorities upon this subject that no principle of law has given rise to more contrariety of judicial opinion than that of the vendor’s lien and its enforcement. Prom the nature of the equity there can be few fixed rules…
2Cases cited17 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Hooper v. Savannah & Memphis RailroadSupreme Court of Alabama · 1881
- Carver v. EadsSupreme Court of Alabama · 1880
- Nolen v. HenrySupreme Court of Alabama · 1914
- Burroughs v. BurroughsSupreme Court of Alabama · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- Lindsey v. ThorntonSupreme Court of Alabama · 1937
- Miller v. RuzickaNebraska Supreme Court · 1922
- Standard v. McMillanSupreme Court of Alabama · 1938