Able v. Gunter
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. E. Gunter against Wayne Able to specifically enforce a contract. Decree for complaint and respondent appeals. The bond for title directed to be set out is as follows: “State of Alabama, Covington County.
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Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. E. Gunter against Wayne Able to specifically enforce a contract. Decree for complaint and respondent appeals. The bond for title directed to be set out is as follows: “State of Alabama, Covington County. Know all men by these presents, that we, Wayne Able and H. H. Hogg, are held and firmly bound to W. E. Gunter in the sum of $2,200.00, for the payment of which we hereby bind ■ourselves, our heirs, and personal representatives. Signed and sealed by us this the 12th day of February, 1904. But the condition of the…
1Opinion of the CourtMcCLELLAN, J.
This bill, exhibited by a vendee, seeks the specific performance of a contract to convey land. A bond for title was executed by the vendor (appellant) to the vendee (appellee). It will be set out in the report of the appeal.
Appellant’s contention is thus succinctly stated in brief by his solicitors : “The contention of appellant, Able, is that it was the agreement and intention of the parties to the contract, though not so expressed, that Able should have the rent according to Benton’s lease, in lieu of interest; that it was a part of the consideration of the contract. If this is' not true,…
2Cases cited13 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Maull v. VaughnSupreme Court of Alabama · 1871
- Crim v. NelmsSupreme Court of Alabama · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Forrester v. GranberrySupreme Court of Alabama · 1924
- Scott v. McGillSupreme Court of Alabama · 1944
6 more not listed; retrieve them via the Exa API.