Fowler v. Nunnery

Citations

• 126 Miss. 510
• 89 So. 156

Syllabus

<p>1. Specific Performance. Requisites for allowance of remedy stated.</p> <p>Before a court of equity will enforce a specific contract for .the sale of lands, the contract must he specific and distinct in its terms and must show with certainty that the minds of the parties have met and mutually agreed upon all the details. There must he an offer upon the one hand and' an unqualified acceptance of this offer upon the other; if any of these requisites he lacking, specific performance will not he decreed.</p> <p>2. • Vendor and Purchaser. Request to sign deed and to draw on vendee for price held no acceptance of offer to sell for cash.</p> <p>Where an offer to sell lands is for one thousand five-hundred dollars net cash, and the proposed buyer executes a deed misdescribing the land and requests the proposed seller to sign the deed and draw upon him for the purchase price, this is not an acceptance of tlie offer as made, but is in reality a counter proposition, upon which proposition a court of equity will not decree a specific performance of the contract.</p>