Chism v. Omlie, 41576
| Decision Date | 07 November 1960 |
| Docket Number | No. 41576,41576 |
| Citation | 124 So.2d 286,239 Miss. 576 |
| Parties | Mrs. Floosie Koger CHISM v. Mrs. Phoebe F. OMLIE. |
| Court | Mississippi Supreme Court |
E. C. Black, Marks, for appellant.
Robert T. Riser, Batesville, for appellee.
The appellant, Mrs. Chism, and appellee, Mrs. Omlie, entered into a contract to trade properties. Mrs. Chism agreed to convey to Mrs. Omlie a cafe and hotel and the furnishings therein, located in Lambert, Quitman County; and Mrs. Omlie agreed in return to convey to Mrs. Chism a 428 acre ranch, certain designated farming equipment, and the furniture in the house on the ranch except 'personal things.' The contract was consummated by appropriate conveyances. The instrument executed by Mrs. Omlie to Mrs. Chism conveying the personal property involved referred to the contract and described certain specific items of farm equipment and tools. It then contained the following paragraph out of which this lawsuit grew:
'The grantor, Mrs. Phoebe F. Omlie, further conveys and sells to the grantee all furniture now in her home, located on the hereinafter described real property, except 'personal things', and the grantor and grantee have agreed as to what these 'personal things' will be.' This same paragraph was included in the contract pursuant to which the conveyances were made.
Mrs. Omlie surrendered possession of the ranch and ranch home to Mrs. Chism with the understanding she would later remove the 'personal things' left in the home. Thereafter Mrs. Omlie was permitted by Mrs. Chism to remove some clothing and other small items but Mrs. Chism refused to allow Mrs. Omlie to remove certain other items of personal property which Mrs. Omlie claimed she reserved as 'personal things.'
Mrs. Omlie then filed this suit in chancery averring in her bill that through mutual mistake of the grantor and grantee the conveyance above referred to did not speak the agreement of the parties; that the parties agreed that the 'personal things' referred to in the conveyance consisted of a dining room suite, bedroom suite, television, and various other household items which Mrs. Chism refused to allow Mrs. Omlie to remove from the ranch home. Mrs. Omlie prayed for a reformation of her conveyance. She also prayed for a decree declaring said disputed items to be her property and for judgment for the value of any such items that Mrs. Chism might have disposed of.
Mrs. Chism filed a general and special demurrer and an answer. The answer made an issue of fact whether the parties intended that the 'personal things' which Mrs. Omlie excepted from her conveyance were the items already voluntarily delivered to Mrs. Omlie by Mrs. Chism, or whether it also included the items sued for, namely, the dining room suite, bedroom suite, television, and various other items listed in the pleadings. The court overruled the demurrers and the case was tried on the merits.
The chancellor was fully justified in finding that while there was no mutual mistake and complainant was not entitled to reformation of her conveyance, the intention of the parties was that the 'personal things' excepted by Mrs. Omlie...
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Continental Gin Company v. Freeman, GC6415.
...Mills Div. of Merchants Co. v. Southeastern Hatcheries of Mississippi, Inc., 254 Miss. 71, 145 So.2d 698 (1962); Chism v. Omlie, 239 Miss. 576, 124 So.2d 286 (1960); Producers Gin Ass'n (AAL) v. Beck, 215 Miss. 263, 60 So.2d 642 (1952); Goldberg v. L. H. Realty Corp., 227 Miss. 345, 86 So.2......
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TUPELO SPINDLE COMPANY v. Allis-Chalmers Mfg. Co., E-C-16-61.
...Machine Co., 157 Miss. 167, 127 So. 271 (1930); Grenada Auto Co. v. Waldrop, 188 Miss. 468, 195 So. 491 (1940) and Chism v. Omlie, 239 Miss. 576, 124 So.2d 286 (1960). It is also well to note that this original draft would not have required that Allis-Chalmers purchase all its requirements ......
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Walley v. Bay Petroleum Corporation, 19858.
...unconditional promise to pay by a date certain. 4 South Florida Lumber Mills v. Breuchaud, 5th Cir., 1931, 51 F.2d 490; Chism v. Omlie, 1960, 239 Miss. 576, 124 So.2d 286. See Corbin on Contracts, Sec. 583 5 See South Florida Lumber Mills v. Breuchaud, supra note 4. The rule has been correc......
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Aegler v. Gambrell, 2010–CA–00215–COA.
...the intent was for Gambrell to remove among her “certain articles” some of her “furnishings” as well. We are guided by Chism v. Omlie, 239 Miss. 576, 124 So.2d 286 (1960). In that case, Chism and Omile traded a furnished hotel for a furnished ranch. Omile conveyed to Chism “all furniture no......