Thurman v. Pointer

Citations

• 67 Miss. 297

Syllabus

<p>1. Specific Performance. Damages. Failure to perform without excuse.</p> <p>Where the owner of land which is rented for three years has an option to cancel the lease within a given time, and before the expiration of that ' time contracts to sell to another, and yet does not cancel, his inability to give possession because of the lease is no answer to a bill for specific performance and damages. Nor can he compel the other party to accept a conveyance of the land with the lease. And it is immaterial that the purchaser knew of the lease at the time he made the contract.</p> <p>2. Same. Inability to perform. Fault of vendor.</p> <p>A vendor of land, as an excuse for his refusal to perform, cannot avail of his neglect to do that which was in his power, and which if done would have enabled him to execute the contract.</p> <p>3. Possession. Meaning of term. Construction of parties.</p> <p>In a contract for the sale of land the language, “possession shall be given” when used without qualification, means that actual possession shall be delivered, particularly when the dealings between the parties exclude any other construction.</p>