Finucane v. Kearney
Mississippi Chancery Courts
This bill was filed to enforce the specific performance of a contract for the sale of a town lot, in the city of Jackson, which contract failed to be executed in writing fin consequence of the death of the vendor. lite history of the case is given in the opinion of the court. Two of the defendants demurred to - the- bill, relying upon the statute of frauds.
Read the full summary
This bill was filed to enforce the specific performance of a contract for the sale of a town lot, in the city of Jackson, which contract failed to be executed in writing fin consequence of the death of the vendor. lite history of the case is given in the opinion of the court. Two of the defendants demurred to - the- bill, relying upon the statute of frauds. The first position taken by complainant is, that the heirs of James C. Dickson shall be charged upon the contract; because there is a memorandum in writing, not by the party charged, but by “ a person by him thereunto lawfully authorized.”…
1Opinion of the Court
The Chancellor.
The bill states that on the 28th of January, 1835, the complainant, together with one J. W, Barnes, contracted with Isaac Caldwell for the purchase of lot No. 2, in square No. 2 south, in the town of Jackson; that said lot belonged jointly to said Caldwell and one James C. Dickson; that he and said Barnes executed their two several promissory notes for the consideration money, payable to said Caldwell and Dickson, one due on’ the 1st January, 1836, the other on the 1st January, 1837, and that he received a bond to make title when the purchase money should be paid. The bond upon…
2Cases cited5 opinions
- Brashier v. GratzSupreme Court of the United States · 1821
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Bradley v. RootNew York Court of Chancery · 1836
- Wilde v. FoxSupreme Court of Virginia · 1822
- Tibbs v. BarkerIndiana Supreme Court · 1820