Stollenwerck v. Marks
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by Marks & Gayle against Frank Stollemverclc and others, revived in the’name of his executors, to declare a deed a mortgage, to redeem, and for general relief. Decree for complainant and respondents appeal. The following is a copy of Exhibit B: State of Alabama, Montgomery County.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by Marks & Gayle against Frank Stollemverclc and others, revived in the’name of his executors, to declare a deed a mortgage, to redeem, and for general relief. Decree for complainant and respondents appeal. The following is a copy of Exhibit B: State of Alabama, Montgomery County. Whereas, W. M. Marks and W. A. Gayle have agreed to purchase from Abraham Bros, that certain lot in the city of Montgomery, Alabama, beginning on the west side of Lee street at a point one hundred and seven and one-half (107%) feet north of…
1Opinion of the CourtAnderson, C. J.
A determination of this case is dependent largely, if not entirely, upon a construction of the contract marked Exhibit B to the bill of complaint as modified by a subsequent agreement marked Exhibit 0 to the said bill of complint, and which will be set out by the reporter. As we construe Exhibit B, it created no debt from Marks & Gayle to Stollenwerck; there is nothing in it that obligates Marks & Gayle to pay Stollenwerck the sum paid out by him as the purchase price the property or to render them legally bound to him to pay the same or any part thereof. It seems that Marks & Gayle were…
2Cases cited6 opinions
- Peeples v. StollaSupreme Court of Alabama · 1876
- Douglass v. MoodySupreme Court of Alabama · 1885
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Haynie v. RobertsonSupreme Court of Alabama · 1877
- Vincent v. WalkerSupreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Continental Casualty Co. v. BrawnerSupreme Court of Alabama · 1933
- Palmetto v. Lumber Co. v. GibbsCourt of Appeals of Texas · 1932
- Lindsey v. HamletSupreme Court of Alabama · 1938
- Richardson v. CurleeSupreme Court of Alabama · 1936
- Holman v. HallSupreme Court of Alabama · 1946
6 more not listed; retrieve them via the Exa API.