107 So. 92 | Ala. | 1926
The bill had for its purpose specific performance on the abatement of the purchase price of real property, and an accounting between the parties, and prayed for general relief.
The bill is sufficient as against demurrer urged, and entitles complainants to relief, averring, as it does readiness, willingness, and ability to perform as to what is found just and right in the premises (Blackburn v. McGlaughlin,
The evidence, taken ore tenus in open court, does not disclose that complainants had knowledge of the deficiency or defect in the title of respondents, or had notice thereof when they purchased the property, partly paid for it, and improved it as a home. The court had all the evidence as to the respective values of the two tracts, and was enabled to compute and declare by the decree rendered the fair value of the abatement. Ray v. Watkins,
The bill avers that $800 of the purchase price has been duly paid pursuant to the contract, and it was of easy ascertainment as to what rebate should be given concerning the failure of title to the 13 feet as related to the other property and its value. In a case like this, where complainant is ready, willing, and able to comply with a decree of a court of equity, and where an award of abatement is prayed after accounting as to the respective rights of the parties under the sale lease contract to avoid the disastrous forfeitures provided by the contract (Ala. Pub. Serv. Com. v. Mobile Gas Co.,
The measure of damages is the difference between the value of the land actually sold and that of the land represented and purported to have been sold. Manning v. Carter,
The testimony sought to be elicited from Tribble as to his transactions with Stewart, the agent and attorney of complainants, after the death of Stewart, is protected by the provisions of section 7721 of the Code of 1923. Bush v. Bumgardner,
The decree of the circuit court in equity is affirmed.
Affirmed.
ANDERSON, C. J., and SOMERVILLE and BOULDIN, JJ., concur.