Perry v. McLain

Mississippi Supreme Court

Perry v. McLain

66 Miss. 145

CourtMississippi Supreme Court

DecidedOctober 15, 1888

StatusPublished

Cited by2 cases

This text of 66 Miss. 145 (Perry v. McLain) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Perry v. McLain, 66 Miss. 145 (Mich. 1888).

Pincite

Opinion

Campbell, J.,

delivered the opinion of the court.

■ Although the oral agreement to rescind the contract of sale was not such as a court would specifically enforce, it presents a good ground for refusal by the chancery court to specifically enforce the original contract in writing for the sale of the land. McCorkle v. Brown, 9 Sm. & M. 167; England v. Jackson, 3 Humph. 584 ; 1 Story’s Eq. Jur., § 770 ; 2 Reed on Stat. Frauds, § 471; Fry on Spec. Perf., § 693; Waterman on Spec. Perf., § 489.

Affirmed.

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Campbell, J.,

delivered the opinion of the court.

■ Although the oral agreement to rescind the contract of sale was not such as a court would specifically enforce, it presents a good ground for refusal by the chancery court to specifically enforce the original contract in writing for the sale of the land. McCorkle v. Brown, 9 Sm. & M. 167; England v. Jackson, 3 Humph. 584 ; 1 Story’s Eq. Jur., § 770 ; 2 Reed on Stat. Frauds, § 471; Fry on Spec. Perf., § 693; Waterman on Spec. Perf., § 489.

Affirmed.

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Bluebook (online)

66 Miss. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-mclain-miss-1888.

Opinion

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