McMekin v. Planters Warehouse Co.

(After stating, the foregoing facts.) On certain material issues the evidence was conflicting, and the disputed facts should have been submitted to the jury. The jury should have been allowed, under appropriate instructions, to determine :(a) Whether defendant was merely a warehouseman, or a cotton factor and commission merchant.(b) If the defendant was a “mere warehouseman,” whether or ' not' it gave the plaintiff the thirty days’ notice, required by § 3530 of the Civil Code (1910), of its intention to sell the cotton. It would hardly be contended that a sale without notice, and in the…