Legal Opinion

Stoner & Co. v. Blocton Export Coar Co.

Mississippi Supreme Court

Decided April 28, 1924No. 24062PublishedCited by 3 opinions

Appeal from chancery court of Leflore county. Hon. C. L. Lomax, Chancellor. Suit hy Stoner & Co. against the Blocton Export Coal Company. From a decree for defendant, plaintiffs appeal. I. It is the dnty of the consignor to fnrnish the cars, nnless the contrary intention appears. In this record nothing shows or tends to show a contrary intention. The contract in the case at bar, it will be observed, provided for the delivery of the coal f. o. b. cars at the mines.

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Appeal from chancery court of Leflore county. Hon. C. L. Lomax, Chancellor. Suit hy Stoner & Co. against the Blocton Export Coal Company. From a decree for defendant, plaintiffs appeal. I. It is the dnty of the consignor to fnrnish the cars, nnless the contrary intention appears. In this record nothing shows or tends to show a contrary intention. The contract in the case at bar, it will be observed, provided for the delivery of the coal f. o. b. cars at the mines. Tallahatchie Lumber Company v. Cecil Lumber Company (Miss.) 87 So. 449; See, also Hurst v. Altmont (Ala.l, 40 So. 1019. II. Did…

1Opinion of the CourtAnderson, J.

Appellants, Stoner & Co., sued appellee, Blocton Export Coal Company, a foreign corporation, in the chancery court of Leflore county, for damages in the sum of one thousand seven hundred and fifty-eight dollars and sixty cents claimed to have been suffered by appellants on account of an alleged breach of contract by appellee, by the terms of which appellee sold and agreed to ship to appellants during the spring and summer of 1922 a quantity of coal for household use. Appellee answered making its answer a crossbill, denying the material allegations of appellants ’ bill, and seeking to recover…

2Cases cited3 opinions

  1. Piaggio v. SomervilleMississippi Supreme Court · 1918
  2. Sussman, Wormser & Co. v. Sea Food Co.Mississippi Supreme Court · 1921
  3. Eaves v. Harris & Sons Co.Mississippi Supreme Court · 1909

3Cited by3 opinions

  1. Moore v. Sykes' EstateMississippi Supreme Court · 1933
  2. In Re Estate of PrineMississippi Supreme Court · 1968
  3. Dunnam v. PrineMississippi Supreme Court · 1968

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