Flowers-Carruth Co. v. Moyse

Citations

• 95 Miss. 174
• 48 So. 523

Syllabus

<p>1. Landlord and Tenant. Rent. Accounting. Executory contract of sale. Agricultural products. Lien. Liability of purchaser from tenant. Code 1906, § 2832.</p> <p>A person in possession of land under a contract by which be was to be treated as a conditional purchaser until be made default in tbe payment of an installment of tbe purchase money, but after such default was to become a tenant and liable for rent for tbe year in which be failed to pay tbe purchase money installment at its maturity, and, the first installment having been overpaid, default was made in tbe payment of tbe second one and the contract as one of sale abandoned:</p> <p>{a) Tbe tenant in an accounting for rents is entitled to credit for money paid by him at tbe maturity .of tbe first installment of tbe purchase money in excess of tbe sum then due; and</p> <p>■(b) A purchaser from tbe tenant of agricultural products, subject to a lien (Code 1906, | 2832) for tbe rent, was not liable to the landlord for a greater sum than was due from tbe tenant.</p>