Houston v. Witherspoon
Mississippi Supreme Court
From the circuit court of Lafayette county. Hon. WilliaM M. Kog-ers, Judge. The appellee, Mrs. C. Y. Witherspoon, owned a plantation in Lafayette county, Miss. She resided in Louisville, Ky. In October, 1884, she made, a written contract with one I. T. Mason whereby she leased to him said plantation for five years from January 1, 1885, in consideration of a yearly rental of $500, and the tenant was in addition to pay all taxes.
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From the circuit court of Lafayette county. Hon. WilliaM M. Kog-ers, Judge. The appellee, Mrs. C. Y. Witherspoon, owned a plantation in Lafayette county, Miss. She resided in Louisville, Ky. In October, 1884, she made, a written contract with one I. T. Mason whereby she leased to him said plantation for five years from January 1, 1885, in consideration of a yearly rental of $500, and the tenant was in addition to pay all taxes. The lease contained a provision that a failure to comply with the stipulations of the contract would cause a forfeiture of the same. In the year 1886, Mason made a…
1Opinion of the CourtCampbell, J.
The judgment is right. There is no ground of estoppel to Mrs. *196W., in favor of the appellants. She did nothing to mislead them, nor could they have been misled, nor in fact were they. She did not waive her legal demand against them, for she did not know of it when she wrote the letter to Mason. This letter was not intended by her to be the basis of any action by any one, and was not such a one as she could suppose would be made such, nor could it be justly so regarded by anybody ; and the claim by the appellants that they were induced by it to change their position to their harm, looks very…
2Cited by3 opinions
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