Grenada Grocery Co. v. Tatum

• Decision Date: 05 March 1917
• Docket Number: 18942
• Citation: 113 Miss. 388,74 So. 286
• Court: Mississippi Supreme Court
• Parties: GRENADA GROCERY CO. v. TATUM ET AL

74 So. 286

113 Miss. 388

GRENADA GROCERY CO. v. TATUM ET AL

No. 18942

Supreme Court of Mississippi

March 5, 1917

Division B

APPEAL from the chancery court of Grenada county, HON. J. G McGOWAN, Chancellor.

Suit by the Grenada Grocery Company against S. T. Tatum and another from a judgment for defendant, plaintiff appeals.

The facts are fully stated in the opinion of the court.

Judgment reversed.

Cowles Horton, for appellant.

S. A. Morrison, for appellees.

ETHRIDGE, J. COOK, P. J., took no part in this decision.

OPINION

ETHRIDGE, J.

The Grenada Grocery Company, a corporation, filed suit in the chancery court of Grenada county against S. T. Tatum and M. E. Powell for the sum of one hundred dollars and interest, claiming under a contract made between the Grenada Grocery Company and S. T. Tatum, which is in the following words:

"This agreement, entered into this the 14th day of September, 1908, by and between the Grenada Grocery Company, of the first part, and S. T. Tatum, of the second part, all of the town of Grenada, Grenada county, and state of Mississippi, witnesseth that, for and in consideration of the said Grenada Grocery Company relinquishing claims as vested in lease by the Illinois Central Railroad Company to twenty-four feet of ground in the rear of their warehouse and allowing the said S. T. Tatum to erect a brick ice house adjoining the Grenada Grocery Company's warehouse, the said S. T. Tatum agrees to pay the said Grenada Grocery Company the sum of twenty-five dollars a year, and further agrees, should the said Grenada Grocery Company desire to erect for their own use and occupancy a warehouse on said twenty-four fee on the south end of the lot now occupied by them after the first year from February 1, 1909, then said S. T. Tatum agrees to relinquish his claim to said twenty-four freet in rear of Grenada Grocery Company's warehouse as vested in his lease by Illinois Central Railroad Company to him. The said Grenada Grocery Company agrees to purchase from S. T. Tatum the improvements he makes on said twenty-four feet at actual cost of construction, less damage or deterioration, should they require him under conditions above stipulated to vacate said twenty-four feet.

"[Signed]

GRENADA GROCERY COMPANY,

"S. T. TATUM."

It appears that after Tatum made the above contract, and after he had erected the icehouse on the lands described in the contract, he assigned his business or transferred his claim in the house to Powell; but nothing was said, so far as the record shows, binding Powell to perform this agreement, nor was the consent of the Grenada Grocery Company procured to the contract between Tatum and Powell. Evidence was taken on the part of the complainant to show that it was agreed that Tatum was desirous of erecting an icehouse near the switch tracks of the railroad company, and could not procure any other lot in the city, and that he approached...