103 Ala. 644 | Ala. | 1893
The specific performance of the contract in this case is resisted on the grounds, (1), that the alleged agreement signed by the respondent for the alleged sale of said lot of land is too uncertain and indefinite to be specifically performed ; (2), that said agree
In this contract, the city in which the property is located is definite, the property sold certain, — in that it may be made certain, — the consideration — $1,200— which pui’ports to have been paid in cash, is expressed; the tizne for its performance was not distant, but presently ; the names of the contracting parties are given,
As between the complainant and defendant the mistake of the receipt, in not containing complainant’s name in place of that of the Shelby Iron Co., is obvious and, under the evidence, self-corrective.
It is said this paper is void under the statute of frauds, but, it occurs to us, that that statute has nothing to do with it. It is not a contract to convey land, but is simply a receipt for so much money, paid by the complainant to one, of a half hozen purchasers of several lots of land, who agreed, — himself being one of the number,— to represent the others, in receiving their money and paying it over on the purchase they had jointly made of the lots, and procuring a deed to the purchasei’s. The paper evidenced the fact, that complainant had paid his share of purchase money to the common agent of the buyer or syndicate, — as they are called in the pleadings, — and when complainant assigned said receipt to defendant, he merely authorized him to take his place in. that purchase. So far as the receipt goes, or has any bearing on this case, it is evidence between the parties, that complainant paid $1,100 of the purchase price of the lot he bought from the defendant, by tranferring to him this paper. It is altogether a different instrument from the one which was considered in the case of Nelson v. Shelby Manufacturing Co., 96 Ala. 515, to which we have been referred by counsel.
The court will look at the contract itself, to see if it is unfair, unconscionable, or affected with any other such inequitable feature. If oppressive, and will work great injustice, the court will not enforce it. — Pomeroy on Contracts, § 175 ; Moon v. Crowder, 72 Ala. 89 ; Irwin v. Bailey, 72 Ala. 467; Carlisle v. Carlisle, 77 Ala. 339; Ellis v. Burden, 1 Ala. 458.
Story lays down the rule, that if the character and condition of the property, to which the contract is attached, have been so altered that the terms and conditions of it are no longer applicable to the existing state of things, a court of equity will not grant any relief, but will leave the parties to their remedy at law; that where, from a change of circumstances, it would be unconscientious, or inequitable under all the circumstances to enforce it, the court will not do so. — 1 Storv Eq. Juris., § § 750, 750a, 769.
Mr. Waterman states the rule to be, that, if the contract was fair when it was entered into, it will not be deemed otherwise in consequence of the happening of unforseen and unexpected events afterwards, and if the contract was a reasonable and fair one, the parties will be considered as having taken upon themselves the risk of subsequent fluctuations in the value of the property, and such fluctuations are not allowed to prevent its specific performance. — Waterman on Specific Performance, § 165. This rule is approved by Mr. Fry and Mr. Pomeroy, with the modification, that if these subsequent changes of circumstances have been, in some way, due to the conduct of the party who seeks the performance, it will not be enforced. — Fry on Specific Performance, § 252; Pomeroy on Contracts, § § 177, 178; Leading Cases in Equity, 1038. The rule stated by Mr. Waterman and the authorities last referred to, we approve as being sound and more consonant with equity, ■than as stated by Judge Story.
The complainant's proof in identification of the particular lot sold, is, that the defendant told him that he did not own any other lot, than the one shown complainant, on which they stood, when the trade was made; that complainant fully believed lot 21 in Block 2 in the city of Anniston to be the description of the identical lot that was traded to him by defendant, and he adds : “As nearly as I can describe the lot, it was 35 feet wide, and
The decree of the chancellor ordered a conveyance fro'm defendant to complainant in the terms of the contract, and when executed, the defendant will be certain that he has no further interest in lot 21, Block 2, in Anniston, and the complainant will have no difficulty in locating his claim without interference with the rights of any other person. — Bogan v. Daughdrill, 51 Ala. 316 ; Chambers v. Reingstaff, 69 Ala. 146.
There is no error in the decree of the chancellor, and it is affirmed.
Affirmed.