McCaskill v. Scotch Lumber Co.
Supreme Court of Alabama
Bill to Cancel Contract. Appeal from Clarke Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Grant McCaskill against the Scotch Lumber Company to cancel a timber contract between the two.
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Bill to Cancel Contract. Appeal from Clarke Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Grant McCaskill against the Scotch Lumber Company to cancel a timber contract between the two. From a decree dismissing complainant’s bill, complainant appeals. ■ — The price paid for the timber and its true yalne is so greatly disproportionate as to constitute presumptive fraud. — Juean v. Toulman, 9 Ala. 684; 85 Ala. 260. Under the facts presented by the bill the proof rests upon the party who seeks to enforce the contract, to show that it was obtained without any advantage being taken of…
1Opinion of the CourtHaralson, J.
The bill seeks to cancel a timber contract executed by complainant, Grant McOaskill, to the Scotch Lumber Company, the defendant, on account of inadequacy of price and ignorance of complainant of his rights at the time of the execution of the agreement. The contract is set out as an exhibit, and shows that defendant owned, at one time, the 360 acres of land described in the bill, and that on the 27th of November, 1896, they executed and delivered to complainant a written contract for the sale of said lands, for $720, or $2 per acre, payable in specific amounts, on the 1st of January of each…
2Cases cited4 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Ludeling v. ChaffeSupreme Court of Louisiana · 1888
- Wood v. CraftSupreme Court of Alabama · 1887
- Stephenson v. Atlas Coal Co.Supreme Court of Alabama · 1906