Foye Tie & Timber Co. v. Nicholas
Mississippi Supreme Court
Appeal from circuit court of Marion county. Hon. G. Wood Magee, Special Judge. Suit by G. 0. Nicholas against the Foye Tie & Timber Company. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court of Marion county. Hon. G. Wood Magee, Special Judge. Suit by G. 0. Nicholas against the Foye Tie & Timber Company. Judgment for plaintiff, and defendant appeals. The court committed reversible error in permitting the witnesses, Quin, Moye, Rankin and Guy to testify over the objection of appellant that the agent Williams, during January or February, 1921, had offered to make a parol contract with these parties to purchase ties from them, of a fixed size and definite kind, for a certain price, and for a fixed time. This amounted to nothing more or less than an effort…
1Opinion of the CourtEthridge, J.
Appellant was defendant below and appellee was plaintiff. The plaintiff brought suit for four hundred and seventy-five dollars on cross-ties sold to appellant through its agent, Williams. The number and price of said ties are set forth in the declaration. The defendant pleaded the general issue. The testimony for the plaintiff was that he sold to Williams as agent for the appellant the ties sued for in the declaration; that the original contract between him and Williams was made in January, and that Williams agreed to take all the ides that plaintiff would place for him at Clieraw, Miss.;…
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