Wood v. Morath

Citations

• 128 Miss. 143
• 90 So. 714

Syllabus

<p>1. Vendor and Purchaser. Relation between owner and lessee prior to latter’s receiving deed placed m escrow held that of landlord and tenant.</p> <p>Where a landowner leases land to another at a monthly rental and at the same time, in accordance with a provision in .the lease contract, executed a deed to the leased premises to the tenant and delivered it to another to be held in escrow' for delivery to the tenant upon the payment by him of the rentals provided for in the lease contract and of all expenses incurred by the landlord for taxes, insurance, etc., the relation between the parties prior to the compliance by the tenant with the terms of the lease contract and the delivery to him of the deed held in escrow is that of landlord and tenant.</p> <p>2. Escrows. Ordinarily instrument in escrow\\ does not take effect until final delivery.</p> <p>In an absence of an agreement to the contrary, an instrument held in escrow by a third person does not take effect until its final delivery, unless, in order to prevent a failure of justice, it becomes necessary to make the second delivery relate back to the first and thereby cause the instrument to be effective from the first delivery.</p> <p>3. I/ANDPORD and Tenant. In absence of agreement tenant not obliged, to pay taxes.</p> <p>In the absence of an agreement to the contrary, a tenant, as between himself and his landlord, is under no obligation to pay the taxes on the leased premises.</p> <p>4. Contracts. Terms of unambiguous contract cannot be varied by parties’ acts showing construction.</p> <p>The terms of a plain and unambiguous contract cannot be varied by evidence of the acts of the parties thereto indicating a construction thereof by them at variance with its terms.</p>