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· 10/15/1901

Bomer v. Canaday

Citations

  • 79 Miss. 222

Syllabus

<p>1. JEqtjity. Contract. Specific performance. Personal property.</p> <p>Equity will not ordinarily decree the specific performance of a contract touching' personal property, nor will it specifically en- ’ force a contract to cut trees from lands and saw them into lumber, if the contract be indefinite and uncertain as to the trees to be cut.</p> <p>2. Same. Receiver. Undue tax on the superintendence of court.</p> <p>Equity will not decree specific performance of a contract to cut trees on land and manufacture them into lumber, appointing a receiver to do so, since such a performance would unduly tax the superintendence of the court.</p> <p>3. Same.</p> <p>The principle upon which courts of equity, by receivers, operate railroads and carry on other like public business is not involved in this case.</p>

Judges: Whitfield

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