Hancock v. Dodge
Mississippi Supreme Court
From the chancery court of, second district, Coahoma county. Hon. Carey A. Moody, Chancellor. Dodge, the appellee, was complainant, and Hancock, appellant, defendant in the court below. From a decree overruling defendant’s demurrer to complainant’s bill of complaint, the defendant appealed to the supreme court. The written instrument sought to be reformed is a mere offer of sale, and not a contract.
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From the chancery court of, second district, Coahoma county. Hon. Carey A. Moody, Chancellor. Dodge, the appellee, was complainant, and Hancock, appellant, defendant in the court below. From a decree overruling defendant’s demurrer to complainant’s bill of complaint, the defendant appealed to the supreme court. The written instrument sought to be reformed is a mere offer of sale, and not a contract. Appellee seeks to avoid that by calling it a “memorandum” of the contract, which, however, is not. shown by the bill to have been agreed on between the parties to evidence the completed oral…
1Opinion of the CourtCalhoon, J.
This is an appeal, to settle the principles of the case, from a decree overruling Hancock’s demurrer to Dodge’s bill in equity, which bill is to reform a contract so as to make it conform to the agreement and intent of the parties, and for general relief.
The case made by the bill, and admitted by the demurrer, is this: Hancock and one Barksdale owned together, equally, a body of land. Dodge, as a real estate broker (at least, in the particular instance), interviewed both, soliciting an agency to sell the lands. Barksdale agreed to take the sum of $14,000 for his half interest, and Hancock,…
2Cases cited4 opinions
- Cazeneuve v. CurellMississippi Supreme Court · 1893
- Illinois Central Railroad v. LeBlancMississippi Supreme Court · 1897
- Adams v. Capital State BankMississippi Supreme Court · 1896
- Day v. HartmanMississippi Supreme Court · 1896
3Cited by8 opinions
- Penrod Drilling Co. v. BoundsMississippi Supreme Court · 1983
- McLean v. GreenMississippi Supreme Court · 1977
- Talbot & Higgins Lumber Co. v. McLeod Lumber Co.Mississippi Supreme Court · 1927
- Scruggs v. American Cent. Ins. Co. of St. LouisCourt of Appeals for the Fifth Circuit · 1910
- Cook v. SmithMississippi Supreme Court · 1919
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