Marqueze v. Caldwell
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Hooker, Chancellor. The opinion of the court contains a statement of the case. The statute of frauds provides that “ no action shall be brought on any contract or sale of lands,” * * * “ or any interest in or concerning them, unless the agreement or some memorandum or note thereof shall be in writing and signed by the party do be- charged therewith, or some other person by him lawfully authorized.”
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Appeal from the chancery court of Holmes county. Hooker, Chancellor. The opinion of the court contains a statement of the case. The statute of frauds provides that “ no action shall be brought on any contract or sale of lands,” * * * “ or any interest in or concerning them, unless the agreement or some memorandum or note thereof shall be in writing and signed by the party do be- charged therewith, or some other person by him lawfully authorized.” A contract, in fieri, as long as it fails to come within the statute, though not enforceable at law, would be regarded by construction as performed…
1Opinion of the Court
Simkall, J.:
J. L. Caldwell agreed to purchase the lands in the pleadings mentioned, from E-. Marqueze, who held in trust for sundry parties, for the price of * # * , one-half to be paid in cash, and the other half eight months after the date of the deed, which was to be made by E. Marqueze. The agreement was signed by Caldwell, and R. S. Richey, witness.
The question made is, whether Marqueze, trustee, and the parties for whom he acted as trustee, can have a specific performance of the contract. Caldwell maintains that there is no mutuality in the obligation; that he has no remedy upon it…
2Cases cited5 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Penniman v. HartshornMassachusetts Supreme Judicial Court · 1816
- Fenly v. StewartThe Superior Court of New York City · 1851
- Syndic of McManus v. JewettSupreme Court of Louisiana · 1834
- Lee v. DozierMississippi Supreme Court · 1866
3Cited by9 opinions
- Duval v. HuntSupreme Court of Florida · 1894
- Lee v. NewmanMississippi Supreme Court · 1877
- Heritage Building Property, LLC v. Prime Income Asset Management, Inc.Court of Appeals of Mississippi · 2009
- Bell v. Mississippi Orphans HomeMississippi Supreme Court · 1941
- Mississippi School for the Blind v. ArmstrongMississippi Supreme Court · 1953
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