Thurman v. Pointer
Mississippi Supreme Court
Prom the chancery court of Tunica county. Hon. W. E. Trigg, Chancellor. The appellee, Pointer, owned a valuable plantation in Tunica county, Mississippi, and in 1886, leased it to C. A. Cox, for the three following years, but reserved the right to cancel the lease as to 1888 and 1889, by giving the lessee notice on or by November 15, 1887. After this he authorized A. J. Martin, of Memphis, Tenn., to act as his agent until November 14, 1887, to sell the plantation for…
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Prom the chancery court of Tunica county. Hon. W. E. Trigg, Chancellor. The appellee, Pointer, owned a valuable plantation in Tunica county, Mississippi, and in 1886, leased it to C. A. Cox, for the three following years, but reserved the right to cancel the lease as to 1888 and 1889, by giving the lessee notice on or by November 15, 1887. After this he authorized A. J. Martin, of Memphis, Tenn., to act as his agent until November 14, 1887, to sell the plantation for $25,000, of which he required that $5000 should be paid cash. On said 14th of November, 1887, as authorized, said Martin, in…
1Opinion of the CourtCampbell, J.
This is a clear case for specific performance with damages for unwarranted delay. The unmistakable interpretation of the contract of the parties is that delivery of actual possession of the land *303was stipulated for. This is the primary meaning of the term, and the natural suggestion from its use when nothing is shown to vary it, and any other meaning is excluded in the dealing between these parties. The fact that Mr. Pointer bounded the time when his agent might sell the land by the period in which he (Pointer) might lawfully cancel the lease to Cox, shows that he had in contemplation a sale…
2Cited by2 opinions
- McVay v. CastenaraMississippi Supreme Court · 1928
- Callicott v. HornMississippi Supreme Court · 1931