Wilbourn v. Bishop

Citations

• 62 Miss. 341

Syllabus

<p>1. Contract of Sade of Land. Certainty. Purchase-money. Contingency of sale.</p> <p>An instrument of writing in which the subscriber thereof promises to convey to another a certain described tract of land, for an amount to be ascertained upon a basis therein prescribed, and which fixes the contingency upon which the sale will be consummated, is, in respect to such particulars, sufficiently definite and certain to entitle the promisee to have it enforced according to its terms.</p> <p>2. Same. Consideration implied. Mutuality.</p> <p>Although such instrument should contain no express obligation except on the part of him who executed it, yet if the circumstances connected with its execution imply a corresponding and correlative obligation on the part of the obligee, it cannot be treated as a nudum pactum, or as wanting in mutuality of obligation.</p> <p>3. Same. Suit to enforce. Pwrahasemumey- — when to be tendered.</p> <p>Where the obligor in a contract for the sale, of land repudiates the contract and denies the right of the obligee under it, the latter is not required to tender the purchase-money before bringing his suit to enforce the contract, but it is sufficient if his bill contains an offer to pay the amount which may be found due the obligor, and especially so where such amount cannot be fully ascertained till certain facts only known to the defendant have been disclosed.</p> <p>4. Same. Rights of contrastes. Purchaser — whether bond fide.</p> <p>A purchaser of land who has not paid the purchase-money thereof, nor received a conveyance of the legal title thereto, does not occupy the attitude of a bond fide purchaser toward one holding a prior contract of sale enforceable against the legal owner of the land.</p>