Burroughs v. Jones

Citations

• 79 Miss. 214

Syllabus

<p>1. Conteact. Time, essence of. Penalty. Equity.</p> <p>Although time be of the essence of a contract, the penalty attend- • ing a failure to perform the same within the time specified, will not be enforced in equity if the circumstances render its enforcement’ inequitable.</p> <p>3. Same. Waiver. Delay.</p> <p>A right to the forfeiture of such a contract will be waived unless promptly claimed at the time of its accrual.</p> <p>3. Injunction. Bond. Damages.</p> <p>Damages should not be awarded on an injunction bond if at the time the injunction was obtained the complainant was entitled to the writ.</p>