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Lee v. Green Land Co.

The Supreme Court does not have equity jurisdiction in cases seeking specific performance of a contract where resolution depends upon the contract's construction.

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This appeal is brought from the trial court’s denial of a request for the specific performance of appellant’s proposal to make a contract for the sale of land. Under the Supreme Court’s precedent concerning equity jurisdiction, this Court is without jurisdiction to decide this type of appeal, and therefore it is transferred to the Court of Appeals.

Appellant Lee sought to purchase timber property owned by Alabama Life Insurance Company ALIC, and the two parties executed a document titled “Offer to Purchase,” which included a contingency provision requiring ALIC to obtain a building permit. Appellant gave ALIC a binder, and when ALIC determined it could not satisfy the contingency, it refunded the binder. Appellant then informed ALIC that he waived the contingency and demanded that ALIC close a sale of the property. ALIC refused, and appellant sought specific performance of their “agreement.” As ALIC was in receivership, its parent, appellee Green Land Company, Inc., acquired the property subject to Lee’s claim. This appeal is brought from the trial court’s award of summary judgment in appellee’s favor.

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