Hodges v. Moore
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Suit by Walter Gr. Hodges against Truebart Moore. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. Suit by Walter Gr. Hodges against Truebart Moore. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The first ground of defendant’s motion for a peremptory instruction and the one which impressed the trial •court is contained in the following clause of the contract: ieParty of the second part (defendant) hereby agrees that if he fails to meet any payments within thirty days after same is due all payments are then due and payable and unless paid party of the…
1Opinion of the CourtSmith, C. J.
On June 28, 1910, appellee .purchased from Mr. Joe McCain certain land in Lauderdale county, Miss., agreeing to pay therefor the sum of four hundred dollars in nineteen installments, executing his promissory notes covering same. Thereupon McCain executed and delivered to him a bond for title, wdierein he covenanted to execute to defendant .a warranty deed to the property *539when all of these notes should he paid in full. This bond for title, which was signed by both parties thereto, contained the following clause: “Party of the second part hereby agrees that, if he fails to meet any payment…
2Cases cited4 opinions
- Robinson v. HarbourMississippi Supreme Court · 1869
- McMath v. JohnsonMississippi Supreme Court · 1867
- Clopton v. BoltonMississippi Supreme Court · 1851
- Bowen v. BaileyMississippi Supreme Court · 1869
3Cited by1 opinion
- Fairlawn Heights Co. v. TheisOhio Supreme Court · 1938