Alba v. Strong
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Vm. H. Tayloe. The bill in this case was filed on the 13th September, 1890, by Peter F. Alba against Joseph C. Strong, to enforce the specific performance of an alleged agreement for the sale of a tract of land by the -defendant to the complainant. The defendant was the trustee in a deed of assignment for the benefit of creditors executed by the Danner Land and Lumber Company, which had become insolvent.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Vm. H. Tayloe. The bill in this case was filed on the 13th September, 1890, by Peter F. Alba against Joseph C. Strong, to enforce the specific performance of an alleged agreement for the sale of a tract of land by the -defendant to the complainant. The defendant was the trustee in a deed of assignment for the benefit of creditors executed by the Danner Land and Lumber Company, which had become insolvent. The deed of assignment conveyed, with other property, three large tracts of pine lands, one of which was situated near the…
1Opinion of the CourtStone, C. J.
— The following propositions must be regarded as settled by the former decisions of this court beyond controversy : First, that to authorize the specific enforcement of an agreement to sell land, all the terms of the agreement must have been agreed on, leaving nothing for negotiation. Second, that all the terms of the agreement viz., the names of the parties, the subject-matter of the contract, the consideration and the promise, must be in writing, signed by the party sought to be charged, or by his agent thereunto authorized in writing. — Code of 1886, § 1732. Third, that it is not essential…
2Cases cited5 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Phillips v. AdamsSupreme Court of Alabama · 1881
- Carter v. ShorterSupreme Court of Alabama · 1876
- Horton v. Wollner, Hirshberg & Co.Supreme Court of Alabama · 1882
- Norman v. MolettSupreme Court of Alabama · 1845
3Cited by19 opinions
- Karter v. EastSupreme Court of Alabama · 1929
- Shannon v. WisdomSupreme Court of Alabama · 1911
- Murphree v. HensonSupreme Court of Alabama · 1972
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- Dobson v. DeasonSupreme Court of Alabama · 1946
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