McCall v. Nave
Mississippi Supreme Court
Error to the Circuit Court of Kemper County. Hon. Kobert LeachmaN, Judge. All the material facts in the case are stated in the opinion of 'the court. The errors assigned are : 1. In rejecting testimony of Patrick'.McCall, one of defendant's witnesses. 2. In rejecting testimony of defendant, offered in bis own behalf. 3. In granting instructions for' plaintiff. 4. In refusing instructions asked by defendant. 5. Overruling motion for a new trial.
1Opinion of the CourtSlmrall, C. J.
~W. J. Nave, survivor, etc., brought an action of indebitatus „assumpsit for merchandise sold and delivered by Nave & Co. to McCall.
The case was tried on the issues of non assumpsit, payment, •accord and satisfaction, and the statute of limitations of three years.
*496The errors assigned are predicated of the rulings of the> circuit- court in rejecting testimony offered by the defendant,, in granting and refusing instructions, and overruling the motion for a new trial.
The plaintiff read in evidence a receipt, written at the foot of the bill of particulars, as follows, viz.: “ Received, March 14th,…
2Cases cited1 opinion
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