Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 129
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Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 129

Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 129


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...the second plea is copied in the opinion, -and it is unnecessary to set out the other pleadings. To the second pleathe plaintiffs did not demur, but filed two special replications. In the first of these special replications plaintiffs averred that the vendors of the land and the plaintiffs were at the time fixed by the contract, ready, willing and able to pay all of the alleged taxes which might have been due or unpaid at said time and would have done so as soon as the defendant had-carried out his part of the contract. In therepli-cations to the second plea the plaintiffs, after averring their willingness and-abilitv at the time o-f the offer tocomply with the contract and pay all the taxes, further averred that there was at said time a well recognized custom existing among all real estate dealers in the city of Montgomery, by which it was understood that all vendors of real estate sol-d in said city should pay all taxes on lands sold at the time of making the sale, or would take the amount of the taxes out of the purchase price, and the purchaser would pay such taxes, and that this custom was well known to the defendant at the time of making his-contracts with the plaintiffs and with the vendors the defendants demurred upon the ground that the facts averred therein were no answer to the plea, -an-d that the readiness and willingness and ability to pay said taxes was notequivalent to payment-thereof as was agreed to be done in-said-contract. ' "-To the second replication the defcndiant demurred upon the grounds that saidrep-licat'ions set up no answerto the plea, and thatthe custom alleged in said rcpli-cation constituted no excuse for the non-payment of-the taxes. These demurrers to these special...


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Product Details
  • ISBN-13: 9781234247140
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 332
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1234247143
  • Publisher Date: 16 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 594 gr


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Report of Cases Argued and Determined in the Supreme Court of Alabama Volume 129
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