Zirkle v. Ball
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by Patsy Ball and others against C. G. Zirlde and others to specifically perform a contract of sale. Decree for complainants, and respondents appeal.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by Patsy Ball and others against C. G. Zirlde and others to specifically perform a contract of sale. Decree for complainants, and respondents appeal. The bill alleges in effect that Zirkle and Moore and their wives entered into a. contract of sale with Queen Rice for lot No. 9, square 9, of Goldth waite plat, in Montgomery, Ala., on April 1, 1902. It is then alleged that at various and sundry times up to March, 1906, sundry small payments had been made on the same, aggregating as a total $405, and that in that month…
1Opinion of the CourtAnderson, J.
The contract in question did not provide for a forfeiture, ipso facto, upon a default in the payment of the installments, but authorized the respondents to declare it forefited as a contract of sale, and treat it as a lease, within a certain time after a default in the payment of said purchase-money installments. The contract was made in March, 1902, and the payments of $15 per month and interest all matured before 1906, yet the respondents, up to and including the month when Queen Rice died, March, 1906, received payments from her and treated the contract of purchase as still existing, which…
2Cases cited5 opinions
- Stewart v. CrossSupreme Court of Alabama · 1880
- Taylor v. NewtonSupreme Court of Alabama · 1907
- Acker v. BenderSupreme Court of Alabama · 1858
- West v. EngelSupreme Court of Alabama · 1893
- Hurst v. ThompsonSupreme Court of Alabama · 1882
3Cited by32 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Asbury v. CochranSupreme Court of Alabama · 1942
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
27 more not listed; retrieve them via the Exa API.