McVeay v. Rich

Citations

• 102 Miss. 552
• 59 So. 842

Syllabus

<p>Contract. Breach. Sale of standing timber. Declaration. Sufficiency.</p> <p>Where in a suit by the vendee against the vendor for the breach of a contract for the sale of standing timber, the contract specified the timber and the land upon which it was standing and the price to be paid and the time of payment, a declaration which alleges the execution of the contract and annexes it as ' a part thereof and charges that the plaintiff was ready, able and willing to carry out the contract but that before he could do so the defendant sold the land and timber to a third party, who stopped plaintiff from carrying out his contract. That in consequence of defendant’s breach of contract, plaintiff lost profits in a specified sum for which he asks judgment, states a good' cause of action as against a demurrér.</p>