Aday v. Echols
Supreme Court of Alabama
Error to the Chancery Court of Madison. Tried beiore the HoikD. G. Ligón. This bill was filed by the plaintiff in error against the administrator and heirs at law of James C. Wayland, deceased, for the specific performance of a parol contract, entered into by the complainant with the said Wayland in his life-time, for the purchase of a certain lot of land adjoining the town of Huntsville.
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Error to the Chancery Court of Madison. Tried beiore the HoikD. G. Ligón. This bill was filed by the plaintiff in error against the administrator and heirs at law of James C. Wayland, deceased, for the specific performance of a parol contract, entered into by the complainant with the said Wayland in his life-time, for the purchase of a certain lot of land adjoining the town of Huntsville. It alleges that about the first of January 1837, the complainant purchased of Wayland about twelve acres of land, for four thousand dollars, to be paid in equal annual instalments, the last falling due the…
1Opinion of the CourtDargan, C. J.
To entitle a complainant to a decree for the specific performance of a parol agreement for the sale of land, on the ground of part performance, it is indispensable, not only that the acts alleged to be in part performance should be clearly proved, but the contract itself, as alleged in the bill, should be established by clear and definite testimony. If the proof fails to establish the contract as alleged, or if any of the terms be left in doubt or uncertainty, then a specific performance cannot and ought not to be decreed, for it would then be uncertain whether the chancellor was enforcing…
2Cases cited3 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
- Goodwin v. LyonSupreme Court of Alabama · 1837
3Cited by41 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Bogan v. DaughdrillSupreme Court of Alabama · 1874
- Carlisle v. CarlisleSupreme Court of Alabama · 1884
- Goodlett v. KellySupreme Court of Alabama · 1883
- McWilliams v. JenkinsSupreme Court of Alabama · 1882
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