Davis v. Parish's Representatives

• Decision Date: 09 July 1812
• Citation: 16 Ky. 153
• Parties: DAVIS <I>v.</I> PARISH'S REPRESENTATIVES.
• Court: Kentucky Court of Appeals

16 Ky. 153

DAVIS

v. PARISH'S REPRESENTATIVES.

Court of Appeals of Kentucky.

July 9, 1812.

From the Clarke Circuit Court.

Present, the Hon. JOHN BOYLE, Chief Justice; CALEB WALLACE, WILLIAM LOGAN, WILLIAM OWSLEY, Judges.

OPINION OF THE COURT, BY CH. J. BOYLE.

CROSS bills were filed, one by Davis against Parish's representatives and Edward Hockerdy, to compel the specific execution of a contract for the exchange of land; and the other by Parish's representatives against Davis, to obtain a rescision of the contract. The former was dismissed and the latter sustained by the decree of the court below, from which decree Davis has prosecuted this appeal.

It appears that an arrangement was verbally made between William Parish, John Davis and Edward Hockerdy, jun., to the following effect: Parish was to convey to Davis six hundred and fifty acres of land in Ohio by a deed with a special warranty. Davis on his part was to convey to Hockerdy one hundred and two acres in Clarke county, without warranty; but so as to give him recourse upon William Myers, who had sold and warranted the title to Davis; and Hockerdy was to pay Parish a certain sum of money agreed upon between them, as the price of the one hundred and two acres. This arrangement was to be carried into effect, provided Davis liked the land in Ohio, when he saw it. Shortly after entering into it, Parish and Davis started to see the land in Ohio; but Parish taking sick on their way, proposed to Davis to, reduce their agreement to writing; which was accordingly done, with this clause in it: "Provided, when Davis sees the land, he should like it; if he does not, no bargain." After Davis had seen the land, he declared he did not like it, and refused to take it upon the terms agreed on. Other terms were proposed by Davis; but Parish would not accede to them. Some days thereafter, Davis, at the request of Parish, agreed to re-view the land, as he returned from New Jersey, where he was then going, and inform Parish, on his return to Kentucky, whether he liked the land or not. It seems, that when Davis first returned to Kentucky, he still disliked the land, and signified to Parish his unwillingness to take it on the terms they had agreed, making, at the same time, proposals for other terms. But, Parish being unwilling to trade upon such terms as were then proposed by Davis, after some attempts to induce him to do so had failed, Davis determined to take the land; and, Parish still agreeing to give it, a day was appointed when the deeds...