Whidden v. Davidson
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. HoN. A. E. Weathbesby,’ Judge. Replevin by G. W. Davidson against Allen Whidden. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Lamar county. HoN. A. E. Weathbesby,’ Judge. Replevin by G. W. Davidson against Allen Whidden. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We say that the contract introduced in this case could be afterwards varied or modified by.parol, even between the parties thereto, and certainly would this be true as between one of the parties thereto, the one who held title to the property and a prospective purchaser and again especially would this be, true where the parol agreement has been executed or acted…
1Opinion of the CourtHolden, J.
This is a replevin suit instuited by Gr. W. Davidson, appellee, to recover possession one Ford car from Mrs. Alice Whidden, appellant. A reversal is sought here upon the ground that the lower court erred in refusing to allow appellant to show that the appellee, Davidson, had waived his right to the possession of the car, and in granting a peremptory instruction for the appellee.
The record in the case discloses that appellee, Davidson, contracted to sell the car to one J. P. Shows for one hundred and seventy-five dollars .cash and the balance evidenced by note, the seller retaining title to…
2Cited by3 opinions
- Hanna State & Savings Bank v. MatsonWyoming Supreme Court · 1938
- Commercial Credit Corp. v. LongMississippi Supreme Court · 1955
- Robertson v. SheltonMississippi Supreme Court · 1921