The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-08-25

Lawrence county.
Justice Harris delivered the opin
hon N the Court
The appellee, Harris, fled ihis Nh
In the chancery Court of Iawrnc.
county, agains, appellant, seeking m
aecWint and specific performance n
articles ~ partnership, aud also dam.
ages Tor breach N III duty under
said articles. Plaintiff In srrur de.
INJURED 10 this bill
ia. For want N equity.
"a. Because the bill shows no ron.
sideration Tor the agreement by 40.
pellant 10 convey The land IN dispute
to defendant.
ID. Because complainant does not
show performance on his part, ac-
cording 10 the contract yet forth.
ith. Because the court cannot en-
quire as 10 the amount Of damages
the remedy being in another court.
The demurrer was sustained as to
the last ground, aud ovcrrulcd az to
the other. From this decision of the
court, appellant brings the case here
for revisal.
The bill alleges that the complain
ant is and has been a travelling minis
ter in the Methodist Episcopal Church
for twenty years past; that while
engaged In the duties Of his vocation
he entered into negotiations with sew
eral citizens Of Copiah county, in
this State, for the purpose Of estab-
fishing a college for the education Of
young ladies, at some point on th,
New Orleans, jackson and Great
Northern Railroad; that complain.
ant made proposition to the citizen'
Of Hazelhurst, that they should raise
by subscriptions Of five hundred dol
lars each, the sum of six thousant
dollars, to aid him in the erection o
suitable buildings, and each subscri
Der to hold a scholarship in sale
institution for given time. Tha
within a few days after his PROPOSE
ton, said sum was reported to hin
as having been subscribed by goo,
and reliable citizens in and abou
said town Of Hazelhurst, and he wa
urged by said subscribers to com
mence the necessary buildings, at sal
town Of Hazelhurst. That Will
these negotiations were pending, b
had an interview with the appellant
a citizen Of the town Of Brookhaver
in the county of Lawrence, to whor
complainant unfolded his plan
Whereupon the said appellant urge
complainant 10 visit said town ,
Brookhaven, and consider such proJ
ositions and inducements as would
made by the citizens of that plac
before finally determining to estal
lish said college at HaElehurst. Tn,
in compliance with said solicitation
he did visit the town Of Brookhaver
and was finally induced by the reT
reservations Of appellant and b
friends to abandon the proposed col
lege at Hazlehurst, and enter into
copartnership with the said appellar
in the enterprise Of a college, I
Brookhaven. That at the time {
the formation Of said partnership,
was complainant's understanding froI
said appellant, that the sum Of twer
+ ty-four hundred dollars had bee
subscribed by himself and other cit
, zens for the purpose Of aiding an
assisting complainant in carrying o,
8 his plans, That on the 3d day
May, 1859, he entered into a copar
nership with appellant for the pu
8 pose of erecting and furnishing
college for young ladies' at Brool
o haven, upon the terms and condition
e contained in certain articles filed
exhibit (A) as part Of his bill. Tn
In consideration Of the service Al
! influence Of complainant in obtainiI
patronage for said college, and
the sacrifice complainant would ha
10 make in obtaining a release fro
: his pastoral charge, and rclinquishil
- the inducements held out TO him
Hazlehurst, the appellant agreed
's said articles Of copartnership to gra
q him one-half interest In the lands
E which the college buildings were
y be erected. That At the time of q
d tering into said partnership,
ir grounds appointed by said appella
'g for said college buildings were point
n out to him by said appellant, as bel
q the whole square or block q, In
OF town Of Brookhaven, and the 50
'g are particularly described by K
ID mctes and bounds, excepting lot
- and 8 on which the Methodist Chul
Is we're erected, as the same on VII
ng the college buildings have since b
ns erected. That in consenting to ?
ne p, the subscriptions already attain
~ into the common stock Of the fl
an the understanding was that &C
ny plainant should be entitled 10 CT,
ye' therefor, and that these subscrip,ic
IL as well as such further sum as
~ might obtain as donations, or ss 9
,zt scriptions upon the plan Of schol
ed ship, should constitute, togrthsr '
he one-half Of the land Aforesaid,
tle interest In the college. II was
.her agreed between complainant
cal appellant, at the time oi form
I'LL aid parsneship, that the coll
huiId;ng~ vcsid ca~s shcrt
I'd, thousand dollazs- -the ssid appel
nd, erprsmine his resliene 70 invesi
the Ieaaf nLs1s shousnnd doIIsss A.
bat own measr, viek Viii, and the
lksunnf du1Ius sahsribed upoa
4 /. a