F. O. Evans Piano Co. v. Tully
Mississippi Supreme Court
Appeal from the circuit court of Jones county. Hon. P. B. Johnson, Judge. Suit by the F. O. Evans Piano Company against A. J. Tully. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinon of the court.
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Appeal from the circuit court of Jones county. Hon. P. B. Johnson, Judge. Suit by the F. O. Evans Piano Company against A. J. Tully. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinon of the court. Whether the time of the offer for the return of the piano he fixed on August the 14th, the date of the letter of Mrs. Tully, asking for shipping instructions, or September the 14th, 1914, the date of the. letter of Tully himself asking for shipping instructions, or the somewhat indefinite date prior thereto fixed by the appellee in his testimony at not more…
1DissentStevens, J.
A reversal of this case is based upon the claimed right of the piano company to a peremptory instruction. This expression of my views will be directed solely to this point. As I construe the one and only contract executed by Mr. Tully, it is an agreement merely to permit the Evans Piano Company to place one of their musical instruments in Tully’s home to be tried or tested without any obligation whatever on the part of Mr. Tully to buy. This is the express language of the contract itself. It says:
*274“I accept your offer to try one of your Evans Artist Model pianos. Without any obligation on my…
2Cases cited2 opinions
- Walter A. Wood Mowing & Reaping Machine Co. v. CalvertWisconsin Supreme Court · 1895
- Yazoo & M. V. R. v. JonesMississippi Supreme Court · 1917