72 Miss. 918 | Miss. | 1895
delivered the opinion of the court.
We have carefully examined all the cases cited by counsel for appellant. In Boyd v. Stone, 11 Mass., 342; Newell v. Newell, 13 Vt., 24; Townsend v. Townsend, 6 Metcalf (Mass.), 319; Sherburne v. Fuller, 5 Mass., 133; Crawford v. Morrell, 8 Johns., 253; and VanAlstine v. Wimple, 5 Cowen (N. Y.), 162, the action was against the party who had not signed. In Catlett v. Bacon, 33 Miss., 269, the holding was that as “the
The offer ' ' to perform the agreement ’ ’ is sufficient under the facts of record and the agreement. There must necessarily be an accounting to ascertain the sum of money equal lo the value of the cotton. The case is clearly within the principle of Atkinson v. Whitney, 67 Miss., 665, and Murqurze v. Cadwell, 48 Miss., 23.
Affirmed.
Whitefield, J., delivered the response to the suggestion of error.
"The offer to perform,” referred to in the original opinion as satisfying the statute, is, of course, not a verbal .offer, but the offer made in the bill signed in writing by the complainant.
We have given the case a most thorough re-examination, induced thereto by the great respect felt by this court for the very accurate learning and the very great ability of the eminent counsel making the suggestion of error, as well as by our uniform anxiety to overlook nothing contributing to the ascertainment of the very right of the cause, and are constrained to
Overrule the suggestions of error.