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· 3/15/1907

Burroughs v. Gilliland

Citations

  • 90 Miss. 127
  • 43 So. 301

Syllabus

<p>1. Vendor and Vendee. Lien. Purchase money. Erection of plant. Payment out of gross receipts.</p> <p>The lien of a vendor of land for a fixed part of the unpaid purchase money is' not affected by a provision in the deed that payment is to be made out of the gross receipts of a manufactory to be erected on the land by the vendee, which was never in fact erected.</p> <p>2. Same. Equity practice. Conflict between bill and exhibits.</p> <p>A'conflict between some of the allegations of a bill of complaint and the exhibits thereto is not fatal on demurrer if the other allegations and exhibits present a good case.</p> <p>3. Contracts. Performance. Reasonable time.</p> <p>An agreement to perform an act which fails to specify the time of performance will be treated as providing for performance within a reasonable time.</p>

Judges: Mayes

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