Alba v. Strong

• Citation: 10 So. 242,94 Ala. 163
• Parties: ALBA v. STRONG.
• Decision Date: 24 November 1891
• Court: Supreme Court of Alabama

10 So. 242

94 Ala. 163

ALBA v. STRONG.

Supreme Court of Alabama

November 24, 1891

Appeal from chancery court, Mobile county; W. H. TAYLOE, Chancellor.

Suit in equity by Peter F. Alba against Joseph C. Strong for the specific performance of a land contract. Defendant had judgment on demurrer, and plaintiff appeals. Affirmed.

The bill in this case was filed by the appellant, Peter F. Alba against Joseph C. Strong, as assignee, and prayed the specific performance of a contract alleged to have been entered into between the complainant and defendant. The bill avers that the defendant, Strong, as assignee of the Danner Land & Lumber Company, held large tracts of land in Alabama and Mississippi, including what was known as "the Fernland mill-site and pine lands near thereto, comprising 8,000 acres, more or less, near Portersville, Mobile county Alabama." That the complainant went to see said Strong for the purpose of purchasing the said 8,000 acres, and finally offered him 65 cents per acre for said land. That in response to this offer said Strong replied by letter as follows: "Dear Sir: After talking with the parties interested in regard to your offer for certain lands of the Danner Land & Lumber Co., I have concluded to say that I feel compelled to decline your offer. I had other parties from the north here late yesterday evening looking at the plats of all the lands with the view of buying the whole thing. I offered to sell them the whole thing at the rate of 80 cents per acre, and, while we did not trade, the proposition is still open, and, I think, favorably considered. Now, I would like very much to see you have the lands you want, and will give you the preference at 75 cents per acre, and trust you will see fit to close the thing at once. I feel reasonably sure that I will close out every acre of our land at the rate of 75 cents or better within the next few months." The bill then alleges that on the following Monday (the letter from Strong having been received Sunday morning) the complainant met Strong and verbally accepted the offer contained in said letter, but the Strong told him it was too late, as he had sold the land to others,-one Lyons. It is then averred that such sale was an executory contract to sell; and that on September 10, 1890, after the present bill was filed, the said purchaser paid the purchase money, and received a conveyance from said Strong to his wife, with the understanding that Strong would hold the purchase money to abide this suit. The defendant interposed demurrers to the bill, which are substantially as follows: (1) That the contract sought to be enforced was void under the statute of frauds, as the lands-the subject-matter of the contract-are not therein described, and cannot be ascertained without recourse to parol evidence; (2) that the bill, as amended shows that the rights of John B. Lyons, the purchaser, had intervened before knowledge of complainant's alleged equity; (3) that the offer by Strong in his letter was gratuitous, without consideration, and revocable at any time before the acceptance by the complainant; and (4) that the bill does not...