Gannaway v. Toler
Mississippi Supreme Court
Appeal from Chancery Court, Bolivar County; Hon. W. F. Gee, Chancellor. Suit by W. J. Toler and another against R. J. Gannaway for specific performance. Decree for complainants, and defendant appeals.
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Appeal from Chancery Court, Bolivar County; Hon. W. F. Gee, Chancellor. Suit by W. J. Toler and another against R. J. Gannaway for specific performance. Decree for complainants, and defendant appeals. If the court will-take the trouble to read the authorities cited by appellees, with the facts in mind they will agree with me in miy contention that none of them can be taken as a precedent by this court in holding that Gannaway had waived any of his rights to declare the contract forfeited. I wi'sh to call the court’s attention to the facts in oases cited by counsel for appellees. His first…
1Dissent
Ethridge,, J.,
(dissenting).
I feel impelled to dissent in this case on the following propositions held in the majority opinion, to wit: That under the terms of this contract the court will decree a specific performance for the vendee who failed to comply with the contract; and, second, that the vendees were not required to actually tender the money before bringing their suit. As shown in the majority opinion, the parties made the time of the payment the essence of the contract; one clause reading as follows:
“It is mutually agreed by and between the parties hereto that the time of payment shall…
2Cases cited5 opinions
- Robinson v. HarbourMississippi Supreme Court · 1869
- Klyce v. BroylesMississippi Supreme Court · 1859
- Kimbrough v. CurtisMississippi Supreme Court · 1874
- Philp v. DanaMississippi Supreme Court · 1920
- Walker v. BrownMississippi Supreme Court · 1871