Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Cumbest v. Harris

Mississippi Supreme Court
363 So.2d 294 (1978)


Cumbest (plaintiff) and Harris (defendant) entered into a contract whereby Cumbest agreed to sell Harris a stereo system. At the same time, the parties also entered into an option agreement, whereby Cumbest could repurchase the system on or before a specified date. On that date, Cumbest attempted several times to exercise the option by trying to give Harris money for the system. Harris avoided meeting with Cumbest and Cumbest finally left the money with Harris’s landlord on the evening of the specified date. The system at issue was made up of several different components that Cumbest had spent 15 years acquiring. All of the components had been meticulously matched and could not function alone. Many of the system’s components could no longer be replaced. Cumbest designed and built some components himself, including the speakers, for which he did considerable research. Many of the items that could have been replaced would have needed to be specially ordered, which would have resulted in a waiting period to receive them. The system had sentimental value to Cumbest due to the time and effort it took to acquire it. Cumbest brought suit in the chancery court, seeking specific performance of the option agreement. The chancery court found that the system was not sufficiently unique and dismissed Cumbest’s complaint. Cumbest appealed to the Supreme Court of Mississippi.

Rule of Law


Holding and Reasoning (Walker, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 410,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial