Bradbury v. McLendon

Citations

• 119 Miss. 210
• 80 So. 633

Syllabus

<p>1. Appeal and Ebeoe. Review. Finding of chancellor.</p> <p>The findings of a chancellor based on the testimony of a single witness who testified from his personal knowledge will be sustained on appeal, though in direct and necessary conflict with the testimony of two other witnesses.</p> <p>2. Landlobd and Tenant. Advances t>y landlord. Evidence.</p> <p>The findings of a chancellor will not be sustained on appeal where based on the mere opinion of a witness as to the amount of cotton seed it would take to plant the leased premises, while two other witnesses testified as to the actual amount furnished hy the landlord for such purposes.</p> <p>3. Partnership. Liability of loan.</p> <p>Where a member of a partnership authorized to do so borrows money for the partnership, it will he bound, though the other two partners did not .know of such borrowing.</p> <p>4. Partnership. Power of partner. Changing purchase to hiring.</p> <p>A contract for the sale and purchase of property can he changed into a contract for rental of the same where the purchase money note is surrendered and ’the property re-delivered to the seller.</p> <p>5. Landlord and Tenant. Accounting. Evidence.</p> <p>Where a member of a firm of tenants testified that the landlord was authorized to sell a bale of cotton at the price shown in the landlord’s account and the landlord testified that he did so sell it and that this was a fair price, the chancellor was not authorized to find for the other tenant that it was worth more, where such finding was based on the testimony of a broker, merely that it was worth a certain amount more.</p> <p>6. Frauds. Statute of. Performance of contract. Surrender of lease. Where the writing evidencing a lease of land has been surrendered</p> <p>and possession of the rented premises delivered up by the managing partners of the firm of tenants, and possession taken by the landlord, and other considerations passed, in such case, the surrender of the lease was a completed, exec