Scherck v. Moyse

Citations

• 94 Miss. 259
• 48 So. 513

Syllabus

<p>Statute op Frauds. Code 1906, § 4775(c). Option to buy land. Sufficiency of memorandum,. Parol evidence. Loss of profits. Recovery.</p> <p>A writing, simply reciting that for a money consideration the defendant gave plaintiff a limited time within which to purchase from him a designated number of acres of timbered lands, iving in two specified counties of the state, at a named price per acre, is: —</p> <p>fa) Insufficient under the statute of frauds; and</p> <p>(6) Parol evidence is inadmissible to supplement its deficiencies; and '</p> <p>(c) Plaintiff cannot recover, under a declaration which fails to contain the necessary averments of a declaration in a common-law action for fraud and deceit, a loss of profits which he would have made by a resale of the lands but for defendant’s breach of the supposed contract.</p>