McClurg v. Hicks

Citations

• 115 Miss. 879
• 76 So. 736

Syllabus

<p>Injunction. Sale of timber. Forfeitures. Accounting.</p> <p>Where under a contract for the sale of standing timber, defendant was to make certain improvements as a part consideration within two years or forfeit a deposit, and there was a' further subsequent contract that the improvements should be made before a certain date, but not referring to the forfeiture named in the first contract, it was erroneous for the court to grant an injunction against further cutting and decree cancellation of defendant’s claim before the two years for performance had expired, or, if cancellation was to be had in not awarding to defendant the consideration paid, as a consideration of cancellation, or in not ordering an accounting to see whether any sum was due defendant under the contract.</p>