Reports of cases argued and determined in the Supreme Court of Alabama Volume 4-5

Court, Alabama. Supreme

ISBN 10: 1236450655 ISBN 13: 9781236450654

Verlag: RareBooksClub.com, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...as to the particular rate of interest to be charged,) which, after maturity, and the insolvency and death of the borrower, is extended by his sureties upon a new contract, under which a higher rate of interest is charged upon the note, after its maturity, than is authorised by the laws of the State, where the note is payable--is usurious.--lb. 128. VENDEE AND VENDOR. 1. Chancery will not relieve a vendee of real estate, by enjoining the collection of notes given for the purchase money, on the allegation, (without proof,) that the vendor has no title, and has absconded, where it appears that the vendee took a bond for titles, conditioned for their execution on the payment of the first instalment--which instalment had not been paid, nor offer made to do so, or the same excused;--and where the vendee has suffered judgment against him on one of the notes, without defending the same.--Lewis and Gorman v. Bibb, 84. 2. In an action for the non-delivery of corn and fodder, upon an agreement to deliver, unavoidable accidents only excepted,--it is no excuse, that the vendor did not, in consequence of unusual drouth during the cropping season, raise sufficient to supply the quantity agreed to be delivered.--M'Gchee v. Hill, 170. 3. Where, upon an entire contract to deliver corn and fodder, the vendor delivers part thereof, the vendee is not bound to receive such part, where there is an understanding that the vendor will not deliver the balance.--lb. 170. 4. Whether the vendee, has a right, from the circumstances, to understand that the vendor will not deliver the whole, under his contract, is in such rase, a fact proper for the determination of the jury.--lb. 170. 5. In order to discharge a defendant from liability, for a non-delivery under such contract, on the groun...

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• Verlag: RareBooksClub.com
• Erscheinungsdatum: 2012
• ISBN 10: 1236450655
• ISBN 13: 9781236450654
• Einband: Rústica
• Anzahl der Seiten: 344