Perry v. McLain

Mississippi Supreme Court

Perry v. McLain

66 Miss. 145

Mississippi Supreme Court·Decided October 15, 1888·Published·Cited by 2 cases

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.

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

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Opinion

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