Duncan v. Blac

324 S.W.2d 483 (1959)

Facts

Black (D) inherited land from his father and sold 359 acres to Duncan (P). The contract of sale included a 65-acre cotton allotment. The land only had a 49.6-acre cotton allotment. The 15-acre difference was made up by using a part of the allotment to D's unsold land in the first year. In the second year, D decided not to make up the difference in the second year and gave as settlement the note in question for $1,500. The court rendered judgment for D and P appealed. P claims he is entitled to rescind the contract. D claims that the note was a compromise of a disputed claim.