Kerr v. Kuykendall
Mississippi Supreme Court
Appeal from the chancery court of Panola county. Clayton, J. The facts appear in the opinion of the court. We insist that the decree is erroneous and must be reversed for two reasons: 1st. Because the court below erred in permitting the written contract to be varied by parol proof. 2d Because under the facts of the case as developed by the pleadings and proof, defendant was not entitled to the relief obtained. 1st. The contract between tire parties was reduced to writing and…
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Appeal from the chancery court of Panola county. Clayton, J. The facts appear in the opinion of the court. We insist that the decree is erroneous and must be reversed for two reasons: 1st. Because the court below erred in permitting the written contract to be varied by parol proof. 2d Because under the facts of the case as developed by the pleadings and proof, defendant was not entitled to the relief obtained. 1st. The contract between tire parties was reduced to writing and it is wholly contained in the title, bond and notes. By the latter, the defendant promised to pay a certain sum of…
1Opinion of the Court
Simrall, J. :
On the 12th day of January, A. D. 1856, John Kerr sold and agreed to convey a parcel of land to Hartsfield & Kuy-kendall. The contract is embodied in a bond for title, and so much as is material in this controversy are embraced in these clauses:
“ Hartsfield & Kuykendall have this day purchased of the said John Kerr, section 32, township 8, range 7, west, in Panola county, and agreed to pay therefor the sum of nine *142teen hundred dollars. ” This was divided into installments (except the cash payment) of one, two and three years, of $480 each, interest from date at 6 per cent.
The…
2Cases cited1 opinion
- Wren v. HoffmanMississippi Supreme Court · 1868
3Cited by6 opinions
- Grenada Auto Co. v. WaldropMississippi Supreme Court · 1940
- Hyde v. PhillipsWashington Supreme Court · 1910
- Allen v. AllenMississippi Supreme Court · 1936
- Dunbar v. NewmanMississippi Supreme Court · 1871
- Frank & Bro. v. ColtraineMississippi Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.