Eckford v. Halbert
Mississippi Supreme Court
In error from the District Chancery Court at Fulton. Hon. Henry Dickinson, vice chancellor. The defendants in error, on the 26th of March, 1854, filed their bill against plaintiffs in error, for a’specific performance of a contract for the sale of land.
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In error from the District Chancery Court at Fulton. Hon. Henry Dickinson, vice chancellor. The defendants in error, on the 26th of March, 1854, filed their bill against plaintiffs in error, for a’specific performance of a contract for the sale of land. In their bill they allege, that on the 6th of July, 1849, they contracted with said Eckford and Gates, to sell them certain lots, in the town of Aberdeen, for $1300. That they executed “their bond for a good and sufficient title, to be made on the payment of the purchase-money,” and that Eckford and Gates, gave their note for $1300, due the…
1Opinion of the CourtFisher, J.
This was a bill filed in the Yice Chancery Court at Fulton, to compel a specific performance of a contract for the sale of land.
The appellees, as appears by the allegations of the bill, sold to the appellants a tract of land, and executed their bond, with a covenant to mate a good and sufficient title to the vendees on the payment of the purchase-money\\The covenants to make title, and to pay the money, are concurrent; and neither party can insist on a performance of the contract, without an offer or tender of performance on his part.'^''
It does not appear by the bill, that the complainants…
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