Perry v. McLain

Citations

• 66 Miss. 145

Syllabus

<p>1. Chancery Court. Specific performance. Statute of frauds.</p> <p>While an oral agreement to rescind a written contract for sale of land cannot be enforced, it may present a good ground for refusal by the chancery court to specifically enforce the written contract of sale.</p> <p>2. Specific Performance Refused. Case in judgment.</p> <p>Where the vendor of land by title-bond agrees verbally with the vendee, who has not paid the purchase-money, to rescind and cancel the sale and submit to arbitration the matter of the indebtedness, and, under this agreement, arbitration is had and an award made, the chancery court may, for that reason, refuse to grant specific performance of the contract of sale, notwithstanding the agreement to cancel, being verbal, is one that cannot itself be enforced.</p>