Dewees v. Bostwick Lumber & Manufacturing Co.
Mississippi Supreme Court
From the circuit court of Neshoba county. HoN. James R. Byrd-, Judge. Tbe Bostwick Lumber & Manufacturing Company, a corporation, tbe appellee, was plaintiff iln tbe court below; and Dewees, tbe appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to the supreme -court.
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From the circuit court of Neshoba county. HoN. James R. Byrd-, Judge. Tbe Bostwick Lumber & Manufacturing Company, a corporation, tbe appellee, was plaintiff iln tbe court below; and Dewees, tbe appellant, was defendant there. From a judgment in plaintiff’s favor tbe defendant appealed to the supreme -court. Tbe Bostick Lumber & Manufacturing Company, appellee, purchased from Dewees, appellant, on sixty days’ time, lumber with which to fill a' contract; the lumber was delivered at various times from October 21, 1905, to and including February 16, 1906; most of it being delivered to appellee…
1Opinion of the CourtWhiteieed, C. J.
The court erred in not allowing the contents of the orders-, for lumber to be introduced in evidence: The appellant had stated that he had received these orders in writing, and that-they had been burned, and that he had made diligent search for the same, and could not find them. It was further testified, and not denied anywhere in the record, that the -lumber was sold on sixty days’ time; the lumber constituting the offset’ of the defendant.
This suit was instituted March 25, 1909; the summons was-served April 1, 1909; the offset was filed April I, 1§09. The account began October 21, 1905, and…
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