Beck v. Simmons
Supreme Court of Alabama
Error to the Chancery Court of Sumter. The bill was filed by the defendant in error to rescind a contract entered into for the exchange of lands. The material allegations of the bill are, that on the 29th day of January, 1841, the parties entered into a written agreement for the exchange of lands. That the complainants agreed to convey certain lands, lying in Sumter county, in exchange for two tracts, lying in Clarke county.
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Error to the Chancery Court of Sumter. The bill was filed by the defendant in error to rescind a contract entered into for the exchange of lands. The material allegations of the bill are, that on the 29th day of January, 1841, the parties entered into a written agreement for the exchange of lands. That the complainants agreed to convey certain lands, lying in Sumter county, in exchange for two tracts, lying in Clarke county. That the complainants executed their part of the contract by conveying to Beck by deed the lands in Sumter, and paid the sum of seven hundred dollars. That Beck executed…
1Opinion of the CourtOrmond, J.
— The object of the bill is to rescind a contract entered into for the exchange of lands. The case has been argued by the counsel for the defendants in error, by whom the bill was filed, as if it was a proposition by the plaintiff in error to enforce the contract specifically, and he has endeavored to show, that under the circumstances of this case, the Court would not decree a specific performance. It is however well settled, that a Court of Chancery may refuse to rescind a contract, where it would not specifically enforce it. [Jackson v. Ashton, 11 Peters, 248; Mortlock v. Butler, 15th…
2Cases cited1 opinion
- Jackson v. AshtonSupreme Court of the United States · 1837
3Cited by12 opinions
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
- Parks v. BrooksSupreme Court of Alabama · 1849
- Robbins v. Battle House Co.Supreme Court of Alabama · 1883
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Burkett v. MunfordSupreme Court of Alabama · 1881
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