Kerl v. Smith
Mississippi Supreme Court
From: tbe circuit court of Lincoln county.- HoN. Moyse H. Wii-kiNSON, Judge. Kerl, appellant, was plaintiff in tbe court below; Smith, appellee, was defendant there. Tbe case was begun in tbe court of a justice of tbe peace and appealed to tbe circuit court.
Read the full summary
From: tbe circuit court of Lincoln county.- HoN. Moyse H. Wii-kiNSON, Judge. Kerl, appellant, was plaintiff in tbe court below; Smith, appellee, was defendant there. Tbe case was begun in tbe court of a justice of tbe peace and appealed to tbe circuit court. From a judgment of tbe circuit court in favor of tbe defendant tbe plaintiff appealed to tbe supreme court. ’ Plaintiff instituted replevin to recover from defendant tbe possession of a horse alleged in tbe affidavit in replevin to be wrongfully detained by defendant Plaintiff was engaged in tbe manufacture of- pine timber, bis mills…
1Opinion of the CourtMates, J.
This contract is ambiguous in some of its aspects, but it is plain that the parties thereto intended that the title to the horse should remain in the seller until the horse had been paid for, either in timber of the value of $100, or in so far as the value cf the timber would go to make up the $100, the balance to be paid in money. Any other construction of the contract narrows its meaning to such an extent as to nullify its plain intent. *832Under numerous decisions of this court, not necessary to be bere cited, but which are found in the brief of counsel for appellant,, this court has held that…
2Cited by13 opinions
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Valley Mills, Division of Merchants Co. v. Southeastern HatcheriesMississippi Supreme Court · 1962
- Great Southern Lumber Co. v. Newsom Bros.Mississippi Supreme Court · 1922
- Lange v. City of BatesvilleCourt of Appeals of Mississippi · 2008
- Vinegar Bend Lumber Co. v. ChurchwellMississippi Supreme Court · 1920
8 more not listed; retrieve them via the Exa API.