Perry v. McLain
Mississippi Supreme Court
Appeal from the chancery court of Itawamba county. Hon. Baxter McFarland, Chancellor. Bill for specific performance of contract of sale of land. Wm. Perry sold the land in question to A. J. McLain in 1882, taking therefor five installment notes and giving to McLain bis bond for title, conditioned to make deed upon payment of the notes. During the years 1883 and 1884 McLain made payments on the notes sufficient to discharge the first note and pay a small amount on the second.
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Appeal from the chancery court of Itawamba county. Hon. Baxter McFarland, Chancellor. Bill for specific performance of contract of sale of land. Wm. Perry sold the land in question to A. J. McLain in 1882, taking therefor five installment notes and giving to McLain bis bond for title, conditioned to make deed upon payment of the notes. During the years 1883 and 1884 McLain made payments on the notes sufficient to discharge the first note and pay a small amount on the second. No further payments were made, and after the maturity of all the notes Perry tendered a deed and demanded payment of…
1Opinion of the CourtCampbell, J.
■ Although the oral agreement to rescind the contract of sale was not such as a court would specifically enforce, it presents a good ground for refusal by the chancery court to specifically enforce the original contract in writing for the sale of the land. McCorkle v. Brown, 9 Sm. & M. 167; England v. Jackson, 3 Humph. 584 ; 1 Story’s Eq. Jur., § 770 ; 2 Reed on Stat. Frauds, § 471; Fry on Spec. Perf., § 693; Waterman on Spec. Perf., § 489.
Affirmed.
2Cited by2 opinions
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