Rubenstein v. Grossman-Winfield Millinery Co.
Mississippi Supreme Court
Appeal from tbe circuit of Forest county. Hon. P. B. Johnson, Judge. Suit by G-rossman-Winfield Millinery- Company against L. Rubenstein. From a judgment for plaintiff, defen- •• dant appeals. Appellant is a retail merchant doing business in the city of Hattiesburg, and appellee is a corporation engaged in the wholesale millinery business in the city of New Orleans, La.
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Appeal from tbe circuit of Forest county. Hon. P. B. Johnson, Judge. Suit by G-rossman-Winfield Millinery- Company against L. Rubenstein. From a judgment for plaintiff, defen- •• dant appeals. Appellant is a retail merchant doing business in the city of Hattiesburg, and appellee is a corporation engaged in the wholesale millinery business in the city of New Orleans, La. This suit is on an open account for goods purchased by appellant from appellee, consisting of a number of items, liability for only one of which is denied. This item as it appears in the statement of the account is: “27 1/3…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). Conceding that appellant’s version of this matter is true, appellee’s offer was to sell him the entire “job lot” of hats at three dollars and fifty cents per dozen, and he agreed to accept the entire lot at this price, provided it did not contain more than three or four dozen. This being true, when he received the hats and ascertained that the lot contained more than three or four dozen, the duty devolved upon him of accepting or rejecting the lot as a whole. He could not without appellee’s'consent, accept a part and reject a part.
The argument of counsel…
2Cases cited1 opinion
- Hutchins v. Smith-HarrisonMississippi Supreme Court · 1914
3Cited by4 opinions
- Nelson Sons v. Wilkins ParksMississippi Supreme Court · 1928
- Hytken Bros. v. Hanover Children's Wear Co.Mississippi Supreme Court · 1929
- Hytken Bros. v. International Dress Co.Mississippi Supreme Court · 1929
- J. W. Carter Co. v. Farley Clothing Co.Mississippi Supreme Court · 1953