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120 Miss. 481

Sullivan v. Turner

Mississippi Supreme Court

Decided March 15, 1919

Mississippi Supreme Court · decided 1919-03-15

Hon. Joe May, Chancellor. Bill by B. P. Turner and another against J. L. Sullivan. From a decree for complainants, defendants appeals. This appeal is from a decree of the chancery court of the Second district of Coahoma county. Appellees sued for three thousand two hundred and ten dollars as commissions for selling a section of land- owned by appellant.

Cited by 2 later decisions — most recently March 1920

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1919-03-15

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2The appellees cannot recover upon the contract sued on for the reason that the terms on which the proposed purchasers, produced by them, were to buy the land, differed in several particulars from the terms on which the appellees were authorized by that contract to sell it; one material and controlling difference being that under the contract all of the deferred payments for the land were to be secured by a deed of trust on all of the land, while the offer of the proposed purchasers was that the deferred payments dne by each of them were, to be secured only on the land to be purchased by him.

¶3Nor can they recover on the theory that, when the proposed - purchasers were produced, the appellant agreed to sell to them on the terms of their offer, for the reason that, in so far as the appellees are concerned, that agreement, conceding that such an agreement was in fact made, is without any consideration to support it. >

¶4Had the appellant sold the land to the purchasers procured by the appellees, a different question might be presented, as to which we express no opinion.

¶5Reversed, and till dismissed.

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