Morton v. Varnado

Citations

• 127 Miss. 332
• 90 So. 77

Syllabus

<p>Specific Performance. Purchaser under option may not have specific performance without acceptance and tender of price, which may be made with complaint if vendor is beyond the jurisdiction.</p> <p>The vendee under an optional contract for the sale of lands cannot maintain a bill for specific performance of the contract until he has put the vendor in default by an acceptance and a tender of the purchase money, and, where the vendor is beyond the jurisdiction and there has been no tender prior to filing the bill, the vendee must tender the purchase money with his bill of complaint.</p>