McMath v. Johnson
Mississippi Supreme Court
Error to tbe Circuit Court of Carroll county. Hon. Win. Cothran, judge. The distinction must be borne in mind, in construing title bonds and promises to pay the purchase-money, as to whether the obligation to convey and the promise to pay be dependent or not, between defaults on the part of vendor able to convey, but failing to do it, and defaults of the vendor when he has no contract to convey for want of title.
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Error to tbe Circuit Court of Carroll county. Hon. Win. Cothran, judge. The distinction must be borne in mind, in construing title bonds and promises to pay the purchase-money, as to whether the obligation to convey and the promise to pay be dependent or not, between defaults on the part of vendor able to convey, but failing to do it, and defaults of the vendor when he has no contract to convey for want of title. In the first class of cases, that is when the vendor has a title and is able to convey according to the term of his bond, then if the purchase-money be payable in instalments, and…
1Opinion of the CourtEllett, J.
Johnson sued McMath, in March, 1866, on a sealed note for $2,000, dated November 20, 1856, made by McMath, payable to Martha Ann Lenville or bearer, and due January 1, 1853, of which plaintiff was the legal bearer and owner ; and also on a due bill, given by defendant to plaintiff, dated December 21, 1863, for $80.19.
The defendant pleaded four pleas.
The first plea alleged, as the consideration of the instruments sued on, that on the 20th of November, 1856, the defendant contracted to purchase from E. Lenville, certain land, slaves, stock, &c., for the sum of $14,000, which sum was secured by…
2Cases cited1 opinion
- Clopton v. BoltonMississippi Supreme Court · 1851
3Cited by8 opinions
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