74 So. 613 | Miss. | 1917
delivered the opinion of the court.
T. J. Griffith owned certain lands near West Point, Miss., containing about six hundred and eighty acres. J. C. Long was a real estate man in West Point, Miss., and Long approached Griffith with a proposition of making a sale of Griffith’s place. Griffith agreed that Long should sell the place if he could get fifteen dollars per acre plus five hundred dollars for the place and also that any excess of that amount was to go to Long as compensation for his services in the matter. Long secured one Taylor from New Dover, Ohio, to buy the premises in question. A contract was drawn up between Griffith and Long which reads as follows:
“This contract made and entered into this day by and between Tom Griffith and J. C. Long witnesseth: The said Tom Griffith has appointed and constituted the said*667 J. C. Long his agent with full power to sell his (Griffith’s place, consisting of about six hundred and eighty acres located about four miles west of Muldon, Mississippi, in Olay county, said state, provided the said J. 0. Long shall pay to the said Tom J. Griffith fifteen dollars per acre for said land, and in addition to said price five hundred dollars, and provided the sale is made by August 1, 1914; any amount realized by said J. 0. Long from the sale of said land over and above the said fifteen dollars per acre, and the additional five hundred dollars is to belong to the said J. C. Long as his profits for the sale of said land.”
This contract is signed by both parties. On the 1st day of August, Long got Griffith and Taylor together and consummated a sale of the premises in question for the sum of thirteen thousand dollars. Contract was signed by both Taylor and Griffith, and by its terms Taylor paid one thousand dollars in cash and was to pay four thousand dollars on the 15th day of September and the balance on the 1st day of January, 1915. This contract was executed in duplicate, one .thousand dollars paid over, of which two hundred and fifty dollars was paid to J. C. Long. Thereupon Taylor returned to his home in Ohio, and about the 5th day of August wrote Griffith that on returning home he found that the German and French war had broken out and that the banker who had promised to let him have the money with which to finance the transaction was reluctant to carry out the contract, and Taylor asked Griffith how he (Griffith) was situated to carry the deferred payments or a part of them; that under the condition as then existing it would he difficult to sell Taylor’s property, and he would like to hear from him about the matter. Thereupon Griffith wrote Taylor telling him that in view of the situation he would release him from his contract if Taylor so desired. Afterwards, Griffith wrote Taylor that he would make the deed in accordance with the contract, and Taylor came to West Point, reaching there on
Long was not consulted by either Taylor or Griffith in the rescission of this contract and, learning of the rescission of the trade, filed this suit. During the term at which the trial took place, a motion was made by Long to continue the case for the purpose of taking Taylor’s deposition. During the hearing on this motion, Griffith agreed that Taylor would swear what was stated in the affidavit for' a continuance what they ex
Reversed and judgment here.