Philp v. Dana
Mississippi Supreme Court
Appeal from the chancery court of Quitman county. Hon. W. F. Gee, Chancellor. Bill for specific performance by J. M. Philp against Chas. S. Dana. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Quitman county. Hon. W. F. Gee, Chancellor. Bill for specific performance by J. M. Philp against Chas. S. Dana. From a decree for defendant, complainant appeals. The facts are fully stated in the opinion of the court. The gist of the argument on behalf of the demurrer is, or rather was, that there was no binding contract, because the letters were written by W. M. Donaldson, attorney for appellant, instead of by appellant for himself, and that no proper tender of the cash consideration had been made, so as to entitle the appellant to a decree of specific…
1Opinion of the CourtEthridge, J.
The appellant filed a bill in the chancery court to enforce specific performance of a contract for the sale of land. The alleged contract was based on correspondence. Mr. Donaldson wrote appellee as follows:
“I understand that you probably own one hundred and sixty acres of land in section 7, township 27, range 1 west in Quitman county, Miss., which you would probably sell. If this is so, I would be glad to have you price the same to me, giving me your best cash price, also your best price on terms, and what kind of terms you would be willing to make in the events of the sale.
“I have a client…
2Cases cited5 opinions
- Robinson v. WellerSupreme Court of Georgia · 1888
- Everman v. HerndonMississippi Supreme Court · 1894
- Bomer v. CanadayMississippi Supreme Court · 1901
- Sardis & Delta Railroad v. McCoyMississippi Supreme Court · 1904
- Beaver v. CrumpMississippi Supreme Court · 1898
3Cited by5 opinions
- Hutton v. HUTTON, ETC.Mississippi Supreme Court · 1960
- Fowler v. NunneryMississippi Supreme Court · 1921
- Graham v. AndersonMississippi Supreme Court · 1981
- Gannaway v. TolerMississippi Supreme Court · 1920
- Morton v. VarnadoMississippi Supreme Court · 1921