Hambrick v. Wilkins
Mississippi Supreme Court
Appeal from the Circuit Court of Noxubee County. Hon. W. M. Rogers, Judge. The case is stated in the opinion of the court. 1. If there was fraud, it was well known to plaintiff before he performed the contract. He paid the purchase money after he knew all the facts. Under such circumstances he cannot be heard afterward to complain. He has by an unequivocal act waived the fraud and affirmed the contract.
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Appeal from the Circuit Court of Noxubee County. Hon. W. M. Rogers, Judge. The case is stated in the opinion of the court. 1. If there was fraud, it was well known to plaintiff before he performed the contract. He paid the purchase money after he knew all the facts. Under such circumstances he cannot be heard afterward to complain. He has by an unequivocal act waived the fraud and affirmed the contract. Benjamin on Sales, §§ 452, 703, 704; Story on Contracts, § 497 ; Edwards v. Roberts, 7 S. & M. 549-56 ; Bass v. Nelms, 56 Miss. 502; The Matteawan Company v. Bentley, 13 Barbour, 641. 2. Tbe…
1Opinion of the CourtCooper, C. J.
This is an action by attachment brought by the appellee against the appellant to recover damages for the breach of a warranty in the sale of a jack.
The ground of attachment alleged is, that the defendant “fraudulently incurred the obligation for which suit is brought.” At the return term the defendant traversed the ground of attachment, and on this issue a verdict ivas found in favor of the plaintiff.
On the trial of this issue, evidence was introduced tending to show that the plaintiff, after having notice of the falsity of the warranty, and after he had for some time held possession of the…
2Cases cited3 opinions
- Sillers v. LesterMississippi Supreme Court · 1873
- Swann v. WestMississippi Supreme Court · 1866
- Wright v. SnedecorSupreme Court of Alabama · 1871
3Cited by7 opinions
- Isydore Strauss & Son v. National Parlor Furniture Co.Mississippi Supreme Court · 1898
- Simmons v. SimmonsWest Virginia Supreme Court · 1904
- Barrett v. TylerSupreme Court of Vermont · 1903
- National Cash Register Co. v. HudeMississippi Supreme Court · 1918
- Snowden v. ThompsonWest Virginia Supreme Court · 1925
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