Perry v. McLain
Mississippi Supreme Court
Perry v. McLain, 66 Miss. 145 (Miss. 1888)
Campbell
Perry v. McLain
Opinion of the Court
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.
Reference
- Full Case Name
- Wm. Perry v. A. J. McLain
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Chancery Court. Specific performance. Statute of frauds. While an oral agreement to rescind a written contract for sale of land cannot be enforced, it may present a good ground for refusal by the chancery court to specifically enforce the written contract of sale. 2. Specific Performance Refused. Case in judgment. Where the vendor of land by title-bond agrees verbally with the vendee, who has not paid the purchase-money, to rescind and cancel the sale and submit to arbitration the matter of the indebtedness, and, under this agreement, arbitration is had and an award made, the chancery court may, for that reason, refuse to grant specific performance of the contract of sale, notwithstanding the agreement to cancel, being verbal, is one that cannot itself be enforced.