Stewart v. Gates
Mississippi Supreme Court
Appeal from tbe District Chancery Court at Pulton. Hon. Henry Dickinson, vice chancellor. The opinion of the court contains a full statement of the facts.
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Appeal from tbe District Chancery Court at Pulton. Hon. Henry Dickinson, vice chancellor. The opinion of the court contains a full statement of the facts. The question presented is, was Stewart bound to comply with his portion of the agreement, after Turman for three years and a half had failed to perform his part thereof? This would seem easy of solution, from the terms of the contract made by the parties : That if Turman paid Stewart one hundred and twenty-five dollars on the 1st of March, 1849, then Stewart should convey; if, however, he did not pay on that day, Stewart’s obligation should…
1Opinion of the CourtFisher, J.
This is an appeal from a decree of the Nice Chancery Court, holden at Fulton.
The facts are briefly these. The appellant Stewart, in the month of January, 1848, sold to one Turman, a tract of land, situate in Chickasaw county, for the sum of $125, payable on the first of March following, and gave his bond, with condition to make Turman a title, on the payment of the purchase-money. As a part of the contract, it was understood that if Turman was unable to make payment at the time stated, he was to have one year longer, on paying interest, in which to pay the purchase-money.
It further appears,…
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