Philp v. Dana

Citations

• 121 Miss. 697
• 83 So. 745

Syllabus

<p>1. Specific Performance. Correspondence contract which does not describe land is insufficient.</p> <p>Where the contract for the sale of land which consisted of correspondence between the parties only described the lands as vendor’s land in a certain section and so far as vendor’s letters were concerned only as her one hundred and sixty acres in a certain county, there was no sufficient certainty in the description to entitle the purchaser to specific performance.</p> <p>2. Specific Performance. Acceptance of offer not specifying details and requiring acts not in offer is insufficient.</p> <p>Where the previous correspondence between the.parties had not specified all of the terms for the sale of land even the purchaser’s name not being mentioned, and the final acceptance required the vendor to send the deed to a bank where the purchaser resided to deliver on the payment of the money and delivery of the notes, the contract cannot be specifically enforced.</p> <p>3. Same.</p> <p>Before specific performance will be decreed, the tender of performance on the part of the buyer, that is to say, the payment of the money and the delivery of the notes, must be made to the other party at her place of business or residence.</p>