Mississippi Supreme Court, 1888

Perry v. McLain

Perry v. McLain
Mississippi Supreme Court · Decided October 15, 1888 · Campbell
66 Miss. 145
Perry v. McLain

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.