Kountz v. Price
Mississippi Supreme Court
Ebeoe to Special Court of Equity at J ackson. Hon. George T. Swann, judge. The facts of the case are fully stated in the opinion of the court. contended, 1. That though the salt was delivered on Sunday, yet the note was not executed until some time afterwards, and is therefore not void. 2. That defendants in error insisted that the contract for the exchange of the salt was made on Sunday, and therefore void.
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Ebeoe to Special Court of Equity at J ackson. Hon. George T. Swann, judge. The facts of the case are fully stated in the opinion of the court. contended, 1. That though the salt was delivered on Sunday, yet the note was not executed until some time afterwards, and is therefore not void. 2. That defendants in error insisted that the contract for the exchange of the salt was made on Sunday, and therefore void. If this be so, then the title to the salt never passed to defendants, and remained in Kountz, and Dickson and Price being in possession, it could have been recovered of them in an action…
1Opinion of the Court
Handy, C. J.,
delivered the opinion of the court..
The appellant filed his petition in the Special Court of *343Equity against tbe appellees, praying tbe specific performance of a contract in tbe following words :
JACKSON, December 8, 1864.
Due John Kountz, 9 bales cotton.
C. R. DicKsoN and N. PmcE.
Alleging that said due-bill was executed in consideration of an agreement made by said Dickson and Price with the agent of petitioner for an exchange of salt for cotton, pound'for pound, and that said agent delivered to them five thousand one hundred and twenty pounds of salt, belonging to petitioner, and…
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