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· 10/15/1911

Pennington v. Ritchie

Citations

  • 102 Miss. 133
  • 58 So. 657

Syllabus

<p>1. Vendor and Vendee. Landlord, and tenant. Contract. Validity. Existence of relation.</p> <p>A valid contract may be made between parties to the sale of land, whereby the deferred payments for the land may be treated as rent, and until they are all paid the amount stated in each annual note can be collected as the rental value of the land for the current year.</p> <p>2. Same.</p> <p>But where the vendee goes into possession of land upon a parol agreement for. the conveyance of the land and, in pursuance of such agreement, a deed is executed and delivered to him, containing the terms of sale, but nothing is said about rent, and afterwards • the vendee agreed to pay to the vendor one bale of cotton “as rent on the place bought of him if I should decide not to take the place and give it up,” such a contract does not create the relation of lessor and lessee between the parties, as in such case the sale of land was not. rescinded and the title to the land was left in the vendee and the conditions of such contract are too vague, uncertain and indefinite to be enforced.</p>

Judges: Cook

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