White v. Leatherberry
Mississippi Supreme Court
From the circuit court of Jackson county. ■ Hon. William T. McDonald, Judge. White and another, appellants, were plaintiffs and Leather-berry and another, appellees, were defendants in the court below. • . ' The defendants’ demurrer to plaintiffs’ declaration was sustained in the court below; plaintiffs did not amend, a judgment bnal was rendered in defendant’s favor and plaintiffs appealed to the supreme court. The opinion of the court states the facts.
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From the circuit court of Jackson county. ■ Hon. William T. McDonald, Judge. White and another, appellants, were plaintiffs and Leather-berry and another, appellees, were defendants in the court below. • . ' The defendants’ demurrer to plaintiffs’ declaration was sustained in the court below; plaintiffs did not amend, a judgment bnal was rendered in defendant’s favor and plaintiffs appealed to the supreme court. The opinion of the court states the facts. If chattels áre purchased for resale, and upon breach of the executory contract of purchaser, other goods cannot be obtained for such…
1Opinion of the CourtWhitfield, C. J.
The court erred in sustaining the demurrer to the declaration in this case. The declaration was drawn with exceptional care and ability, and omits no allegation necessary to the statement of a good cause of action. The case should have been developed on its facts. The very ingenious and able argument of counsel for appellee is out of place in support of a demurrer which admits as true the averments of this declaration. It would have been very pertinent, had the case gone to the jury, when the time to settle the instructions had come. The declaration avers that the defendant failed to deliver…
2Cases cited4 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Kendall Bank Note Co. v. Commissioners of Sinking FundSupreme Court of Virginia · 1884
3Cited by5 opinions
- Crystal Springs Ice Co. v. HollidayMississippi Supreme Court · 1914
- Beach v. JohnsonMississippi Supreme Court · 1912
- Arthur Delapierre Co. v. Chickasaw Lumber Co.Mississippi Supreme Court · 1916
- Delta Table & Chair Co. v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1913
- American Oil Co. v. ByrdMississippi Supreme Court · 1925