Catanzano v. Hydinger

FOSTER, Justice.

This is a suit in equity; its nature and purpose and the equitable principles on which it is founded are treated on a former appeal from decree on demurrer. Catanzano et al. v. Hydinger, 228 Ala. 547, 154 So. 588.

After an answer was filed, the court heard the cause in which the witnesses were examined in open court, and made a final decree, in which appellants were given the privilege of performing that certain alleged covenant in the contract assumed by them of “grading and graveling the streets and making electric current and city water available in the streets and alleys…