Barney v. Delta & Pine Land Co.

Citations

• 105 Miss. 320
• 62 So. 355

Syllabus

<p>Vendor and Vendee. Contracts. Construction.</p> <p>Where a corporation contracted with a partnership to sell it certain lands, and in the contract there was a clause that in the event any of its stockholders should “bring suit against the corporation, or its officers or directors, to prevent the carrying out of the provisions of this contract, etc., then the corporation or the officers or directors, may declare this contract void and deliver the earnest money to the vendee,” and such a suit was brought before a deed was delivered to the vendee, the corporation in such case had a right to declare the contract void even though the vendee had tendered the purchase money before the bringing of the suit and even though such suit was without merit and was afterwards dismissed.</p>