Gannaway v. Toler
Mississippi Supreme Court
Appeal from Chancery Court, Bolivar County; Hon. W. F. Gee, Chancellor. Suit by W. J. Toler and another against R. J. Gannaway for specific performance. Decree for complainants, and defendant appeals.
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Appeal from Chancery Court, Bolivar County; Hon. W. F. Gee, Chancellor. Suit by W. J. Toler and another against R. J. Gannaway for specific performance. Decree for complainants, and defendant appeals. If the court will-take the trouble to read the authorities cited by appellees, with the facts in mind they will agree with me in miy contention that none of them can be taken as a precedent by this court in holding that Gannaway had waived any of his rights to declare the contract forfeited. I wi'sh to call the court’s attention to the facts in oases cited by counsel for appellees. His first…
1Opinion of the Court
Holden, J.,
delivered! the opinion of the court.
This is a chancery suit for specific performance under a contract of purchase of ninety-one acres of land in Bolivar county. From a decree in favor of appellees Toler and Stone, complainants below, decreeing specific performance, this appeal is prosecuted by Gannaway, defendant in the lower court.
The contract of purchase upon which the complainants grounded-their bill for specific performance is here set out in full, to wit:
“Articles of agreement, made this 20th day of May, 1916, between it. J. Gannaway, party of the first part, and W. J. Toler,…
2Cases cited6 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
- Mound Mines Co. v. HawthorneCourt of Appeals for the Eighth Circuit · 1909
- Gaughen v. KerrSupreme Court of Iowa · 1896
- Burroughs v. JonesMississippi Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Canizaro v. Mobile Communications Corp. of Am.Mississippi Supreme Court · 1995
- Matheney v. McClainMississippi Supreme Court · 1964
- Brent Towing v. Scott Petroleum Co.Mississippi Supreme Court · 1999
- Odegaard v. MoeSupreme Court of Minnesota · 1962
- Denkmann Lumber Co. v. MorganMississippi Supreme Court · 1954
5 more not listed; retrieve them via the Exa API.