Specific performance cannot be enforced against a party to a contract in any of the following cases:
(1) If he has not received an adequate consideration for the contract;
(2) If it is not, as to him, just and reasonable;
(3) If his assent was obtained by the misrepresentation, concealment, circumvention or unfair practices of any party to whom performance would become due under the contract or by any promise of such party which has not been substantially fulfilled; or
(4) If his assent was given under the influence of mistake, misapprehension, or surprise; except, that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for and the contract specifically enforced in other respects if proper to be so enforced.
(Code 1923, §6834; Code 1940, T. 9, §56.)
Notes of Decisions
Clayton v. Woodmen of the World Life Ins. Soc'y, 981 F. Supp. 1447 (M.D. Ala. 1997).
· cites it 4× “See Ala.Code § 8-1-40 (1993). Section 2 of the FAA provides, in part, that an arbitration clause contained in “a contract evidencing a transaction involving commerce .”
Cain v. Saunders, 813 So. 2d 891 (Ala. Civ. App. 2001).
· cites it 2× “We recognize that the result reached in applying the parol-evidence rule might not always seem equitable where a mutual mistake inures to the benefit of one of the settling parties at the expense of the other. However, in this case, both parties were represented by counsel and…”
Stuart v. Ennis, 482 So. 2d 1168 (Ala. 1985).
“Defendants’ argument is further aided by the fact that when the trial court substituted the estate of Juanita Ennis as a defendant, this action became a suit for specific performance, thus making applicable § 8-1-40, Code 1975, which states in pertinent part: Specific…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.