Duncan v. Black

324 S.W.2d 483 (1959)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.