86 Ala. 299 | Ala. | 1888
Appellants seek by tbe bill tbe specific performance of a contract for the sale of a tract of land to the defendant. The contract is in writing, and, so far as appears upon its face, is plain and certain as to the subject-matter and the consideration, and is fair, just and reasonable as to its provisions concerning the rights and obligations of the parties. Notwithstanding such may be the apparent character of the contract, specific execution is not a matter of absolute right. In an application to a court of equity, the defendant may rebut the prima facie case made by the contract alone, and show, by proof of extrinsic facts, that specific performance would not be strictly equitable. Prom our own decisions, the following principles governing the discretion of the court in decreeing the enforcement of contracts, may be regarded as settled. The agreement must be free from unfairness, hardship, or mistake, going to its essence. A fraudulent representation or concealment, sufficient to avoid it at law, or for its rescission or cancellation in equity, is not essential to a denial of specific performance. If the contract is obtained by the suppression of material facts, known to the party seeking performance, and unknown to the defendant; or, if the defendant was led into making it by surprise, without fault on his part, though not misled by positive representations of the other party; or, if it is impressed with any inequitable feature, the court will refuse to enforce the contract. — Byars v. Stubbs, 85 Ala. 256; Cowan v. Sapp, 81 Ala. 525; Western R. R. Co. v. Babcock, 6 Met. 346.
There is no controversy as to the terms of the contract, or the description of the land as expressed therein, or to the adequacy of the consideration. The special defense is, that the defendant was led, by the conduct of complainants, into the mistake of believing and understanding that a strip of land adjoining the southern boundary was included, when in fact it does not belong to the tract, and that such mistake is in respect to a material fact concerning the subject-matter of the contract. The complainants agreed to sell and convey to the defendant the north-east quarter of the south-east quarter of section twenty-four, township four, range five, east. The Memphis & Charleston railroad runs parallel with the southern line of the tract. All of tbe land, except a small portion, had been years previously, and was at the time of the agreement to sell, inclosed by a fence; and about eighteen acres in front of, and around the dwelling-house,
Denny v. Hancock, L. R. 6 Ch. 1, is a case similar in its features, and involved the same principles as the present. On a sale of a small residential property, a plan was exhibited, which showed the western side as bounded by a strip of ground covered with shrubs or trees. The purchaser, with the plan before him, inspected the property, and saw on the
Affirmed.