Harvey v. Daniels

Citations

• 133 Miss. 40
• 96 So. 746
• 1923 Miss. LEXIS 109

Syllabus

<p>Fbauds, Statute Of. Land contract, though within statute of frauds and unenforceable not void; until its affirmance by vendor of • land contract within statute of frauds, relation of parties that of vendor and purchaser, and not that of landlord and tenant; vendor, disaffirming land contract within statute of frauds, not entitled to recover from purchaser for use and occupation of premises for period between making of contract and disaffirmance.</p> <p>A contract for the sale of land, although within the statute of frauds and unenforceable, is not void, and until disaffirmed the relation between the parties is that of vendor and vendee, and not that of landlord and tenant; and where the vendor disaffirms the contract he is not entitled to recover from the vendee for the use and occupation of the premises during the period between the making of the contract and its disaffirmance.</p>