AUSTIN v. CARPENTER

No. 2007-CA-01779-COA.

3 So.3d 147 (2009)

Billy G. AUSTIN anD Agnes H. Austin, Appellants, v. Thurman L. CARPENTER and Gladys L. Carpenter, Appellees.

Court of Appeals of Mississippi.

February 17, 2009.


Attorney(s) appearing for the Case

Richard D. Bowen, Iuka, attorney for appellants.

George Martin Via, attorney for appellees.

Before KING, C.J., GRIFFIS and CARLTON, JJ.


GRIFFIS, J., for the Court.

¶ 1. Billy G. Austin and Agnes H. Austin (the Austins) commenced a lawsuit against Thurman L. Carpenter and Gladys L. Carpenter (the Carpenters) for specific performance of a contract for the sale of real property. The chancellor found that an enforceable contract never materialized because a condition precedent was not met. Applying Mississippi's three-tiered approach to contract interpretation, we find that there was a condition...

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