Mortimer v. Hannah

Citations

• 82 Miss. 645

Syllabus

<p>Lands. Contracts. Construction. Rescission.</p> <p>A party to an equitable mutual contract in reference to land, fairly entered into, lias the right to rescind the contract:</p> <p>(а) When the other party has evinced his intention to abandon or repudiate the contract entirely; or</p> <p>(б) When the other party has breached the contract in a matter which is vital to its existence, or is of its essence by the terms of the contract or the evident intention of the parties; or</p> <p>(c) When the other party has been guilty of a partial breach of performance, which has inflicted damage upon the complainant for which no adequate redress can be had, or which inflicta irreparable injury, or which renders a final completion of the contract, according to its terms, impossible.</p>