Stigler v. Jaap

Mississippi Supreme Court
Stigler v. Jaap, 83 Miss. 351 (Miss. 1903)
Whitfield

Stigler v. Jaap

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

The suit of clothes formed no part of the consideration for the option. It was part of the purchase price of the lots, as shown by Stigler’s own testimony to the interrogatory 2, on page 46 of the record. This is Jaap’s testimony also, shown by his answer to interrogatory 21, on page 121 of the record. Since both Stigler and Jaap say that the suit of clothes was part of the purchase price of the lots, and no part of the consideration for the option, and since the $10 recited in the option as the only consideration were not paid, it is perfectly clear that the contract for the option was based upon no consideration, and was hence not binding. And this disposes of the ease under the authority of Kolb v. Bennett Land Co., 14 Miss., 570, 21 South., 233.

Affirmed.

Reference

Full Case Name
George Stigler v. Charles O. Jaap
Cited By
3 cases
Status
Published
Syllabus
CoNteacts. Parol sale of land. Option. Consideration. The advance of a part of the consideration of a parol sale of land does not support a subsequent option in writing between the parties expressing a different consideration which was never paid.