A. Goletti, Inc. v. Andrew Gray Co.
Mississippi Supreme Court
Appeal from circuit court of Harrison county. Hon. D. M. Graham, Chancellor. Action by A. Goletti, Incorporated, against the Andrew Gray Company. From a judgment of dismissal; plaintiff appeals. In the case before your Honors the amount now claimed is not the consideration for any Sunday contract but the amount due for the reasonable value of the lumber inspected and accepted, taken and used by appellee on a secular day. It bears no relation to any contract.
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Appeal from circuit court of Harrison county. Hon. D. M. Graham, Chancellor. Action by A. Goletti, Incorporated, against the Andrew Gray Company. From a judgment of dismissal; plaintiff appeals. In the case before your Honors the amount now claimed is not the consideration for any Sunday contract but the amount due for the reasonable value of the lumber inspected and accepted, taken and used by appellee on a secular day. It bears no relation to any contract. In the Kountz case nothing was done to the completion of the contract on a secular day while in the case at bar the entire thing was…
1Opinion of the CourtHolden, J.
This is a suit by the appellant to recover the value of a quantity of lumber delivered to the appellee, who accepted and converted it to its own use. The pleadings show the action of the plaintiff to be one of assumpsit, on an implied promise to pay, in quantum valebat. The defendant below pleaded a denial of liability on the ground that the contract of sale of the lumber was executed on Sunday, and for that reason was void. To this plea of a Sunday contract the plaintiff replied that the lumber was delivered to and accepted by the appellee on a secular *654day, converted by the appellee to its…
2Cases cited1 opinion
- Woodson v. HopkinsMississippi Supreme Court · 1904
3Cited by2 opinions
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
- Ware v. MartinMississippi Supreme Court · 1951