IVES et al. v. RUTLAND et al

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Docket Number

12006

Attorney(S)

Messrs. Wilcox Hardee, for appellants, cite: Validity of contract to sell property not then owned by vendor: 209 F., 291. In action for breach of contract to purchase, seller must prove readiness and willingness to comply: 296 F., 233; 279 F., 72; 83 F., 824. Vendor need not make tender where vendee gives notice he will not comply: 291 F., 435. Rescission of contract not warranted on mere belief that opposite party will breach his contract: 125 Tenn., 595; Ann. Cas., 1913 — C, 376. Equity will not divest an estate for breach of condition subsequent where vendee in possession: 122 Miss., 190; 13 A.L.R., 560. Messrs. J.M. Lynch and W. Marshall Bridges, for respondent, cite: Vendor in contract to sell real estate, having received part payment, in order to establish his right to retain it must show readiness and willingness to comply: 99 S.C. 83; 6 Rich. Eq., 324; 27 R.C.L., 626; 39 Cyc., 1371. Defects in negotiable paper in hands of holder binding on transferee with knowledge: 3 R.C.L., 1065; 2 Pomeroy Eq. Jur., 3rd Ed., Sec. 603.

Judges

MR. JUSTICE BLEASE.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

12006

Attorney(S)

Messrs. Wilcox Hardee, for appellants, cite: Validity of contract to sell property not then owned by vendor: 209 F., 291. In action for breach of contract to purchase, seller must prove readiness and willingness to comply: 296 F., 233; 279 F., 72; 83 F., 824. Vendor need not make tender where vendee gives notice he will not comply: 291 F., 435. Rescission of contract not warranted on mere belief that opposite party will breach his contract: 125 Tenn., 595; Ann. Cas., 1913 — C, 376. Equity will not divest an estate for breach of condition subsequent where vendee in possession: 122 Miss., 190; 13 A.L.R., 560. Messrs. J.M. Lynch and W. Marshall Bridges, for respondent, cite: Vendor in contract to sell real estate, having received part payment, in order to establish his right to retain it must show readiness and willingness to comply: 99 S.C. 83; 6 Rich. Eq., 324; 27 R.C.L., 626; 39 Cyc., 1371. Defects in negotiable paper in hands of holder binding on transferee with knowledge: 3 R.C.L., 1065; 2 Pomeroy Eq. Jur., 3rd Ed., Sec. 603.

Judges

MR. JUSTICE BLEASE.

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IVES ET AL. v. RUTLAND ET AL.

June 4, 1926. The opinion of the Court was delivered by

MR. JUSTICE BLEASE.

After a careful examination of the record in this cause, we are convinced that the decree of his Honor, Judge S.W. G. Shipp, accords with equity and justice, and the same is hereby affirmed.

MR. CHIEF JUSTICE GARY and MESSRS. JUSTICES WATTS, COTHRAN and STABLER concur.

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IVES ET AL. v. RUTLAND ET AL.

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