70 So. 742 | Ala. | 1916
Declining to grant relief to complainant by specific performance, because not reasonably satisfied by the evidence to that conclusion, the chancellor nevertheless found that complainant was
For the purposes of this proceeding, it is of no consequence whether the agreed consideration was expressed in terms of cash or of some equivalent in property or other element; nor can it matter that the consideration proven is less than that alleged, if it be fair and reasonable. The averment of a consideration of $50 in the bill was evidently but an attempt to state the value in money of what was actually paid in property, and “proof of a different consideration which does not change the essential rights of the parties, nor destroy the right of redress, cannot be treated as a variance.” — Cooper v. Parker, 176 Ala. 122, 125, 57 South. 472, 473. The first objection is therefore without merit.
The decree of the chancery court will therefore be affirmed.
Affirmed.