Morton v. Varnado
Mississippi Supreme Court
Appear from chancery court of Pike county. Hon. R. W. Cutrer, Chancellor. Bill for specific performance by A. T. Morton against Mrs. Mamie Varnado. From a decree dismissing the bill, plaintiff appeals. It is plain that the contract in controversy here was not only upon proper consideration but was valid and binding on Mrs. Yarnado, and was not as the court held revocable at the discretion of either party.
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Appear from chancery court of Pike county. Hon. R. W. Cutrer, Chancellor. Bill for specific performance by A. T. Morton against Mrs. Mamie Varnado. From a decree dismissing the bill, plaintiff appeals. It is plain that the contract in controversy here was not only upon proper consideration but was valid and binding on Mrs. Yarnado, and was not as the court held revocable at the discretion of either party. I submit that the acceptance by the appellant Morton, transmitted in due course of mail, within the time limited by the option, converted the option into an ordinary contract of sale and…
1Opinion of the CourtCook, J.
The appellant, A. T. Morton, by bill in chancery seeks the specific performance of an optional contract for the sale of certain lands to him by appellee, and from a decree dismissing the bill this appeal was prosecuted.
It appears from the record that appellee was the owner of a certain house and lot in the town of Magnolia, and on the 12th day of December, 1918, she leased this property to appellant for the period beginning January 1, 1919, and ending December 31, 1919, at and for an annual rental of one hundred and eighty dollars. The year’s rent was paid in one sum, and appellee executed a…
2Cases cited8 opinions
- Klyce v. BroylesMississippi Supreme Court · 1859
- Watson v. SawyersMississippi Supreme Court · 1876
- M'Allister v. MoyeMississippi Supreme Court · 1855
- Collier v. WhiteMississippi Supreme Court · 1889
- Eckford v. HalbertMississippi Supreme Court · 1855
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