Supreme Court of Alabama May 17, 1906 (Stephenson v. Atlas Coal Co.)

DOWDELL, J.

The purpose of the bill filed in this case is the cancellation of an executed contract on the ground of a partial failure of consideration. No fraud is alleged. The cause was submitted on motion to dismiss the bill for want of equity, and was held for decree in vacation. A decree was rendered in vacation sustaining the motion and dismissing the bill for want of equity.