Union & Planters' Bank & Trust Co. v. Corley

On the Plea in Bar.

There was a suit by the Union & Planters’ Bank & Trust Company against W. D. Corley to enforce by a specific performance a contract of sale of certain lands. It appears that in the contract sought to be specifically enforced there was a provision for payment of rent in case the contract of sale was not carried out. On the trial below the court held that there was no right to a specific performance of the contract, because a deed was hot tendered showing a merchantable title during the year 1927, and the court decreed rent in accordance with the stipulation of the contract…