Zirkle v. Ball

• Decision Date: 17 February 1911
• Citation: Zirkle v. Ball, 171 Ala. 568, 54 So. 1000 (Ala. 1911)
• Parties: ZIRKLE ET AL. v. BALL ET AL.
• Court: Alabama Supreme Court

54 So. 1000

171 Ala. 568

ZIRKLE ET AL. v. BALL ET AL.

Supreme Court of Alabama

February 17, 1911

Appeal from City Court of Montgomery; William H. Thomas, Judge.

Bill by Patsy Ball and others against C. G. Zirkle and others to specifically perform a contract of sale. Decree for complainants, and respondents appeal. Affirmed.

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 Goldthwaite 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 Queen Rice died, leaving the complainants as the only heirs at law, that no administration had been had on the estate, and that the estate was of no value. A contract is made an exhibit to the bill, and so far as is material here its provisions are as follows: Said Zirkle and Moore agree to sell said property to said Rice for the sum of $500, as follows, to wit: $15 cash, the receipt of which is hereby acknowledged, and the further sum of $15 to be paid on the 1st day of each month thereafter until all of said sum of $500 shall have been paid, together with interest at the rate of 8 per cent. per annum, said interest to be reckoned annually. Said Rice to have the right to pay all of the said sum at any time before maturity; and in case of any payment in excess of $15 per month, or sums which will make $15 per month being paid, if the same should be used as such payment before any forfeiture as hereinafter agreed upon shall begin to run, said Rice shall pay the taxes for the year 1902 and thereafter, and reimburse said Zirkle and Moore during the terms of this contract, and also for any sums advanced by them, or taxes or repairs, before a deed can be demanded. The next paragraph provides how the insurance money shall be distributed in case of a fire. It is expressly agreed between said parties, in consideration of said Zirkle and Moore selling on installment plan, that in case of a failure on the part of said Rice to make such installment payments promptly and suffer the same to remain during the year 1902 unpaid for 30 days after due, then this agreement shall be declared void by said Zirkle and Moore; should she suffer the same during the year 1903 to remain unpaid for 60 days, and during the year 1904 and thereafter 90 days, then and in that event said Zirkle and Moore may declare this agreement null and void and in any and all events the money so paid under this contract shall be considered a fair rental value of the property, and shall be so used by said Zirkle and Moore in case said Rice shall not make the payments promptly, and said Rice agrees to hold said property as the tenant of said Zirkle and Moore until all of said money...