Code of Alabama

Ala. Code § 8-1-121 (2026)

Certain Contracts for Future Delivery Void; Exceptions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) All contracts of sale for the future delivery of any commodity, article, personal property, stock or bond, wherein the parties thereto do not intend a delivery of the article contracted for, but do intend to gamble on the difference between the contract price and some subsequent market price, shall be illegal and void, and no action shall be maintained in any court to enforce such contract or to compel payment of any note or security given in payment or settlement of the same.

(b) The provisions of subsection (a) of this section shall not be construed so as to apply to any person, firm, corporation or his or their agent, engaged in the business of manufacturing or wholesale merchandising in the purchase or sale of the necessary commodities required in the ordinary course of their business.

(Code 1907, §§3349, 3350; Acts 1915, No. 791, p. 913; Code 1923, §§6816, 6818; Code 1940, T. 9, §§30, 32.)

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: Paine, Webber, Jackson & Curtis, Inc. v. Conaway, 515 F. Supp. 202 (N.D. Ala. 1981).
Paine, Webber, Jackson & Curtis, Inc. v. Conaway, 515 F. Supp. 202 (N.D. Ala. 1981). · cites it 2× “Code of Alabama 1975, Section 8-1-121 (emphasis added). The language in this statute is ambiguous in that it does not define “delivery.”
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