Burrus v. Gordon
Mississippi Supreme Court
Error to the Circuit Court of Yazoo County. Hon. S. S. Calhoon, Judge. 1. The demurrer to the eighth plea, which was general performance of covenants, should have been overruled.
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Error to the Circuit Court of Yazoo County. Hon. S. S. Calhoon, Judge. 1. The demurrer to the eighth plea, which was general performance of covenants, should have been overruled. Chitty lays down the rule that where, as in this case, the covenants are in the affirmative and not in the negative or disjunctive, performance may be pleaded generally. 3 Chitty PI. 985. “ In pleading the performance of conditions precedent, the plaintiff or defendant may aver generally that he duly performed all the conditions on his part.” Code 1871, § 585. 2. The court erred in sustaining the demurrer to the plea…
1Opinion of the CourtGeorge, C. J.
The defendant in error leased a tract of land to the plaintiff in error for the year 1876. The lease was by indenture signed and sealed by both parties. By its terms, Burrus was to pay a specified amount of cotton per acre as rent; to clear up six acres of land; to repair the fences by making them up to an agreed height; to leave on the place the seed of the cotton raised on it; and to surrender the premises in good repair on December 31,1876. Gordon brought his action of covenant on this indenture, assigning, as specific breaches of the stipulations, the failure to deliver two hundred pounds…
2Cases cited2 opinions
- Gordon v. BowneNew York Supreme Court · 1807
- Guion v. DohertyMississippi Supreme Court · 1871
3Cited by1 opinion
- Clayton v. ClarkMississippi Supreme Court · 1896