Public-domain · open source
OpenJurist

141 Ala. 401

Holmes v. Myles

Supreme Court of Alabama

Decided November 15, 1904

Supreme Court of Alabama · decided 1904-11-15

AppkaIj from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith.- The appeal in this case was filed by the' appellant. Sibley Holmes, against the appellee, Mrs. M. E. Myles, for the purpose of compelling the defendant to specifically perform a contract for the conveyance-of certain lands to the complainant.

Key passage — most relied on by later courts

“acted with due promptness in attempting to communicate to [the owner] his acceptance of the option.”

quoted by 1 later decision, including 622 So. 2d 914 - Hicks v. Dunn

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

How this case has been cited

Cited by 10 later decisions — most recently December 2005

4 federal appellate · 4 state decisions

6019041910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PEK CURIAM.

¶1Bv the option contract, complainant had the whole of the 23d day of February, 1903, within which to purchase the land, and that right was not subject to be defeated by any voluntary act on the part of defendant, whether done with intent to defeat the exercise of the option or liot. The averments of the bill • show that complainant after learning that defendant was at. Bla.ck.sher, Baldwin county, acted with due promptness in attempting to communicate to her his acceptance of the option. Under the circumstances al-|| leged, the letter left for defendant at her residence con-lj stituted an acceptance on the part of the complainant,|| and this together with his subsequent offer by letter mailed, and his alleged continued readiness and willingness to purchase in accordance with the terms of the option contract, show a case prima facie, entitling him to have that contract specifically enforced.

¶2The decree will be reversed and one will be here ren-dred overruling the demurrer to the bill and allowing defendant thirty days in which to answer.

¶3Reversed, rendered and remanded.

/141/ala/401 · .json · Public domain