Tucker v. Rucker

73 So. 2d 269, 221 Miss. 580, 67 Adv. S. 130, 1954 Miss. LEXIS 566
CourtMississippi Supreme Court
DecidedJune 14, 1954
DocketNo. 39195
StatusPublished
Cited by2 cases

This text of 73 So. 2d 269 (Tucker v. Rucker) 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
Tucker v. Rucker, 73 So. 2d 269, 221 Miss. 580, 67 Adv. S. 130, 1954 Miss. LEXIS 566 (Mich. 1954).

Opinion

Holmes, J.

The appellees, James Dorman Rucker, Mrs. Eleanor Rucker Early and Nelson E. Taylor, executor of the estate of Blanche D. Rucker, deceased, brought this suit in the Chancery Court of Leflore County, Mississippi, against W. E. Tucker, an alleged resident of the State of Arizona, and Greenville Production Credit Association, an alleged resident defendant. The suit was originally filed as an attachment in chancery. It sought to recover of the appellant, W. E. Tucker, rent alleged to be owing by the appellant for Oak Grove Plantation in Washington County, Mississippi, for the year 1951, and also the sum of $360 evidenced by a note and alleged to have been advanced to the appellant to pay for improvements to be made by him on the plantation. The 1951 rent and the note for said sum of $360 were secured by a deed of trust executed by the appellant covering the 1951 crop and certain farming implements and equipment. The Green-ville Production Credit Association was joined as a defendant for the purpose of binding in its hands funds alleged to have been received by the Association from the sale of 1951 crops grown on the plantation. The Green-ville Production Credit Association paid the money into court and under an agreed decree, the clerk was directed to pay out of these funds the rent and the $360 to the appellees, which was done, and this settled the demand of the appellees.

[584]*584The appellant filed an answer and cross-bill and sought by his cross-bill the specific performance of an alleged option to lease the Oak Grove Plantation to him for an additional term of years, and in the alternative, to recover damages for an alleged breach of the option.

The alleged optioii relied upon by the appellant was dated January 7, 1949, and was in the form of a letter addressed to the appellant and signed by Mrs. W. H. Rucker, who is the same person as Mrs. Blanche D. Rucker. It was alleged in the cross-bill that the letter was written by Mrs. Rucker acting for herself and as the duly authorized agent of the appellees, Mrs. Early and James Dorman Rucker, and that it was based upon a valuable consideration and was valid. The cross-bill further charged that in violation of the alleged option the appellees had leased the plantation for a term of years to one 0. C. Trotter without according to the appellant the right of refusal to lease the same for an additional term on the same basis.

The case proceeded to trial on the cross-bill and at the conclusion of the testimony a final decree was rendered dismissing the cross-bill. From this decree the appellant prosecutes this appeal.

The issues on this appeal have been narrowed by the appellant’s admissions. He concedes that he is not entitled to have granted his prayer for specific performance. He further concedes that there is no proof that Mrs. Rucker was duly authorized by W. H. Rucker, James Dorman Rucker, or Mrs. Early to write the letter upon which the appellant- relies. He contends, however, that the letter was effective to bind the one-third interest in the plantation which was later inherited by Mrs. Rucker upon the death of her husband, and which later passed by inheritance to the appellees, James Dorman Rucker and Mrs. Earfy, upon the death of Mrs. Rucker.

This brings into review the question of the validity of the claimed option, that is to say, whether or not under [585]*585the facts of this case it became a binding obligation upon the estate of Mrs. Rncker.

We state briefly the facts which are pertinent to our decision of this question. On and for sometime prior to October 7, 1946, W. H. Rucker, who was the husband of Blanche I). Rucker and the father of James Dorman Rucker and Mrs. Eleanor Rucker Early, was the owner of Oak Grove Plantation, comprising a little in excess of 1,300 acres in Washington County, Mississippi. On that date, W. H. Rucker leased the plantation to the appellant under a written lease for a term of five years beginning January 1,1947, and expiring December 31,1951, at a rental of $4,000.00 per year, subject to be increased according to a schedule set forth in the lease and based on the price in October of any year of the lease of cotton of a certain grade and staple on the Greenville market. The lease provided terms whereby the appellant was obligated to make certain repairs to the leased premises, such as ditching, drainage, clearing land, and maintaining the houses in a good state of repair, ordinary wear and tear excepted. On January 7, 1949, Mrs. Blanche D. Rucker wrote a letter to the appellant which forms the basis of this law suit. The letter is as follows:

“January 7, 1949

“Mr. W. E. Tucker,

“Chatham, Miss.

Dear Mr. Tucker:

Pursuant to our agreement, this is to confirm our willingness to permit you to deduct from your rent payment for the crop year 1949, the sum of two hundred dollars, which you are to use in paying the expense of moving-three tenant houses from the back locations of Oak Grove Plantation, upon the more accessible roadways.

I also wish to confirm our agreement that should your lease, having three years to remain in effect at this time, not be extended in writing before the expiration of this lease, you will have the right of refusal of renting [586]*586this plantation for an additional term of years, at any bona fide offer made to our family. Should it be determined to sell this plantation, you shall have the refusal of meeting any bona fide offer to purchase.

Trusting that our relationship will continue to be as pleasant as in the past and wishing you every success, I am

Yours very truly,

Mrs. W. H. Rucker. ’ ’

At the time this letter was written, Mrs. Rucker had no title to or interest in Oak Grove Plantation. She was not authorized to write the letter by W. H. Rucker or either of the appellees, James Dorman Rucker and Mrs. Eleanor Rucker Early. At the time the appellant received the letter he was in possession of the property under the lease from W. PI. Rucker and was accounting to W. H. Rucker for the rent and thereby recognizing him as the landlord and owner of the premises. W. H. Rucker died on February 12, 1949, approximately a month and a half after the letter was written. Mrs. Rucker renounced her husband’s will and elected to take her legal share as an heir of her deceased husband, and thereupon the title to the plantation passed to Mrs. Rucker and the two children, James Dorman Rucker and Mrs. Early, each acquiring an undivided one-third interest therein. Following the death of Mr. Rucker, James Dorman Rucker and Mrs. Early, both adults, assigned to their mother their interest in the unexpired term of the aforesaid Tucker lease. Mrs. Rucker died on March 31, 1951, and her interest in the plantation passed to her children, James Dorman Rucker and Mrs. Eleanor Rucker Early, and the two children thus became vested with the title to the property in the proportion of an undivided one-half interest each. Prior to the death of Mrs. Rucker, the appellant told Mrs. Rucker and her attorney, Nelson E. Taylor, that he desired to renew his. lease, stating, according to his testimony, that he had a letter from Mrs. Rucker granting him the right [587]*587of refusal to renew the lease for an additional term. He admits that he did not press his claim for renewal lest it might result in an increase in the rent. Mr. Taylor and Mrs. James Dorman Rucker testified, however, that appellant claimed to have a letter from Mr. Rucker, and not from Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beall v. Beall
434 A.2d 1015 (Court of Appeals of Maryland, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
73 So. 2d 269, 221 Miss. 580, 67 Adv. S. 130, 1954 Miss. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-rucker-miss-1954.