Barnett v. Nichols
Mississippi Supreme Court
Appeal from the Chancery Court of Madison County. Hon. E. G. Peyton, Chancellor. The case is fully stated in the opinion of the court. 1. The bill shows that there was no contract between the parties of which a court of equity can decree performance. Sugden on Vend., sect. 3, chap. 4, arts. 9, 10. 2. If the contract set forth in the bill ever existed, the facts stated show an abandonment thereof by both parties, and the substitution of a new agreement.
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Appeal from the Chancery Court of Madison County. Hon. E. G. Peyton, Chancellor. The case is fully stated in the opinion of the court. 1. The bill shows that there was no contract between the parties of which a court of equity can decree performance. Sugden on Vend., sect. 3, chap. 4, arts. 9, 10. 2. If the contract set forth in the bill ever existed, the facts stated show an abandonment thereof by both parties, and the substitution of a new agreement. Sugden on Vend., sect. 9, chap. 4, arts. 1-3; Browne on Stat. Fr., sect. 432 el seq. 3. The writing set up as a contract is void for…
1Opinion of the CourtChalmeRS, J.
The bill details a state of facts which, if true, shows, an extraordinary degree of credulous trust and confidence on one side, and of bad faith on the other. The parties were neighbors, and confidential and intimate friends. Barnett, who was without means, borrowed from Nichols $847, with which to make the first payment on a tract of land which he had purchased from another. To secure repayment of it, he executed his note, secured by a trust-deed on the land. Twelve months afterwards, he borrowed from his friend the further sum of $1,000, with which he made to his vendor the second payment…
2Cases cited2 opinions
- Staton v. BryantMississippi Supreme Court · 1877
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3Cited by7 opinions
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- Bunckley v. JonesMississippi Supreme Court · 1901
- Nunnery v. FordMississippi Supreme Court · 1908
- Queen City Hoop Co. v. BarnettMississippi Supreme Court · 1921
- Kelly v. WagnerMississippi Supreme Court · 1883
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