Shannon v. Wisdom
Decision Date | 13 April 1911 |
Citation | 171 Ala. 409,55 So. 102 |
Parties | SHANNON v. WISDOM. |
Court | Alabama Supreme Court |
Appeal from City Court of Birmingham; Charles A. Senn, Judge.
Action by J. S. Shannon against W. W. Wisdom. Judgment for defendant. Plaintiff appeals. Affirmed.
George Huddleston, for appellant.
G. W Yancey and Arthur Geers, for appellee.
Appellant sued appellee for breach of a contract by which appellant sold, or agreed to sell, and appellee to purchase, about 7,000 acres of land. The land was described as situated in the counties of Winston, Lawrence, Lamar, and Walker, state of Alabama, and as embracing "6,000 acres, more or less in the north portion of Winston county, 600 acres, more or less, in Lawrence county, 138 acres, more or less, in Lamar county, 500 acres, more or less, in Walker county aggregating 7,238 acres." Among other things, the contract required the vendor (plaintiff) to furnish "a complete and guaranteed abstract of title" to the land and stipulated that the contract should be "void until said guaranteed abstract of title is furnished"; also that defendant should pay $4 "for every acre of land mentioned in this contract and guaranteed as above set out, said abstract of title to be approved by the attorney at law" of defendant. The contract stipulated that the first payment should be made on July 1, 1907, but that, if on said date the abstract had not been approved, nothing should become due, "except as to 438 acres of above-mentioned, which is not now abstracted, but title to same to be approved by an attorney at law."
The complaint contained 11 counts, each declaring as for breach of the contract to purchase. All counts, except those numbered 1, 9, 10, and 11, were eliminated at the request or by consent of plaintiff (appellant here). Demurrers were sustained as to each of the remaining counts as last amended; and plaintiff declined to plead further and suffered judgment final thereon. From that judgment, plaintiff appeals, assigning errors as for sustaining demurrers to counts, 1, 9, 10, and 11, as last amended.
There was a great number of separate causes of demurrer assigned as to each of the counts, and the judgment thereon was general, merely sustaining the demurrer as to each count, without specifying any one of the numerous grounds assigned. If any ground of demurrer was properly sustained to each of the counts, the judgment must be affirmed; but, if no ground of demurrer was good as to any one of the remaining counts as last amended, the judgment must be reversed. The ruling on demurrers we think was proper, and the judgment must be affirmed.
The contract which is set out in the complaint, and which is alleged in each count to have been breached by the defendant, is void on its face, as for uncertainty of description of the land sold or intended to be sold. Contracts of this class, to support an action as for breach thereof, or an action for specific performance, must be valid and binding upon both parties. The obligations must be mutual. Executory contracts wanting in mutuality are not enforceable. Contracts may be so uncertain as to parties or subject-matter as to be incapable of specific performance, or to support an action for damages for breach thereof. Christie, Lowe & Heyworth v. Patton, 148 Ala. 324, 42 So. 614; Erwin v. Erwin, 25 Ala. 236; Howard v. E. T., V. & G. R. R. Co., 91 Ala. 268, 8 So. 868.
Contracts as to the sale of lands, which fail to comply with the statute of frauds upon that subject, cannot be enforced; nor will they support an action as for breach thereof, because the statute declares that they are void unless they conform to the statute. Code, 1907, § 4289. ...
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Sadler v. Radcliff
...of the bill, rests entirely in parol. The chancellor did not err in sustaining the demurrer to the bill." The case of Shannon v. Wisdom, 171 Ala. 409, 55 So. 102, is not to the contrary. The court was passing upon demurrers to a complaint where the description was indefinite, as "6,000 acre......
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Price v. University of Alabama
...not support an action for damages or breach thereof." Webster v. Aust, 628 So.2d 846, 849 (Ala.Civ.App.1993) (citing Shannon v. Wisdom, 171 Ala. 409, 55 So. 102 (1911)). Price argues that if the statute of frauds applies, there would still be one year of employment that would not be voided ......
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Price v. University of Alabama, No. CV-03-CO-01790-W (AL 10/23/2003)
...support an action for damages or breach thereof." Webster v. Aust, 628 So. 2d 846, 849 (Ala. Civ. App. 1993) (citing Shannon v. Wisdom, 171 Ala. 409, 55 So. 102 (1911)). Price argues that if the statute of frauds applies, there would still be one year of employment that would not be voided ......
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Karter v. East
... ... Co., 201 Ala. 49, 77 So. 343; Mut. B. & L. Ass'n ... v. Wyeth, 105 Ala. 639, 17 So. 45; Carling v ... Wilson, 177 Ala. 85, 58 So. 417; Shannon v ... Wisdom, 171 Ala. 409, 55 So. 102; Lovelace v. M. & ... E. Ry. Co., 174 Ala. 154, 56 So. 711 ... The ... case of Butler Cotton ... ...