Fairbanks Co. v. Graves
Mississippi Supreme Court
From the chancery court of Copiah county. Hon. David M. Miller, Judge. Fairbanks Company, appellant, was the plaintiff in the court below; Graves, appellee, was defendant there. From a judgment in favor of the defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.
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From the chancery court of Copiah county. Hon. David M. Miller, Judge. Fairbanks Company, appellant, was the plaintiff in the court below; Graves, appellee, was defendant there. From a judgment in favor of the defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The Fairbanks Company, a corporation, sued Graves, the appellee, in replevin to recover a gasoline engine sold by plaintiff to the Freeman Service Company, from whom Graves purchased the engine. The suit was instituted before a justice of the peace who rendered judgment in favor of plaintiff…
1Opinion of the CourtMates, J.
The record in this case does not warrant the conclusion that the Fairbanks Company sold this gasoline engine to the Freeman Service Company for the purpose of having it resold, or that it knew it was the intention of the Freeman Service Company to resell, or had knowledge of any such facts as would bind it with constructive notice of the intention of the Freeman Service Company to resell. This being the case it does not fall within the rule announced by the case of Columbus Buggy Co. v. Turley, 73 Miss., 529, 19 South., 232, 32 L. R. A., 260, 55 Am. St. Rep., 550. All the cases on this…
2Cases cited2 opinions
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
- Watts v. AinsworthMississippi Supreme Court · 1906
3Cited by1 opinion
- United States Motor Truck Co. v. Southern Securities Co.Mississippi Supreme Court · 1923