Fowler v. Nunnery
Mississippi Supreme Court
Appeal from chancery court of Pike county. Hon. R. W. Cutrer, Chancellor. Suit by A. D. Nunnery against W. C. Fowler for specific performance. From a decree for complainant, defendant appeals.
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Appeal from chancery court of Pike county. Hon. R. W. Cutrer, Chancellor. Suit by A. D. Nunnery against W. C. Fowler for specific performance. From a decree for complainant, defendant appeals. It is too well settled in Mississippi to need much argument that when a proposition is made for the sale of property by a proposed vendor for cash that the vendee must tender the cash to the vendor, at his place of residence before he can demand specific performance, or can deny the proposed vendor the right of withdrawing an offer he has made for the sale of the property. It would be useless to…
1Opinion of the CourtSykes, J.
The appellee, A. D. Nunnery, by bill in chancery seeks the specific performance of a contract for the sale of certain lands to him by the appellant. From a decree granting this specific performance the appellant appeals.
The alleged contract is evidenced by letters between the parties. This correspondence is as follows:
“Magnolia, Miss., September 24, 1918.
“Mr. W. C. Fowler, Picayune, Miss. — Dear Sir: I am the man that D. Currie has been talking to you about buying the land you have at Chatawa.
“He informs me that you will take fifteen hundred dollars for all the land you own near Chatawa,…
2Cases cited2 opinions
- Welch v. WilliamsMississippi Supreme Court · 1904
- Philp v. DanaMississippi Supreme Court · 1920
3Cited by4 opinions
- Rotenberry v. HookerMississippi Supreme Court · 2003
- Hutton v. HUTTON, ETC.Mississippi Supreme Court · 1960
- Graham v. AndersonMississippi Supreme Court · 1981
- Clinton Grice Rotenberry, Jr. v. Scottye R. HookerMississippi Supreme Court · 2001