Legal Opinion

Johnson v. Tabor

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 13 opinions

Appeal from the circuit court of Winston county. Hon. G-. A. McLean, Judge. Suit by W. J. Tabor, agent for J. A. Hearon, against H. C. Johnson. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Winston county. Hon. G-. A. McLean, Judge. Suit by W. J. Tabor, agent for J. A. Hearon, against H. C. Johnson. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It is shown in the evidence that there had never been a sale between Tabor and the' appellant for the very simple reason that the trade had never been closed out, for the very next day after Tabor claimed he bought the stock the appellant and W. J. Tabor had a considerable conversation about some cotton, and Tabor mentioned nothing about the stock…

1Opinion of the CourtSmith, J.

J. A. Hearon, appellee, was a creditor of appellant, and ~ffl. J. Tabor was Hearon’s agent, and attended for him to the matters herein involved. This suit, which was begun in the court of a justice of the peace, was instituted by appellee to recover of appellant possession of a horse and mare alleged to- have been purchased by him from appellant and paid for by a credit on the debt. The evidence relative to this alleged purchase can best be stated in the language of Tabor, appellee’s agent, and is as follows: “On that day he just come to me, and proposed to sell me a horse and mare on that…

2Cases cited8 opinions

  1. Devin v. HimerSupreme Court of Iowa · 1870
  2. Ball v. SledgeMississippi Supreme Court · 1903
  3. Hawes v. RobinsonSupreme Court of Arkansas · 1884
  4. Hanner v. BaileySupreme Court of Arkansas · 1875
  5. Spratley v. KitchensMississippi Supreme Court · 1878

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3Cited by13 opinions

  1. Obear-Nester Glass Co. v. Lax & Shaw, Ltd.Court of Appeals for the Eighth Circuit · 1926
  2. Scott v. Mundy & ScottSupreme Court of Iowa · 1922
  3. Young v. AlexanderMississippi Supreme Court · 1920
  4. A. K. Burrow & Co. v. Planters' Oil Mill & Gin Co.Mississippi Supreme Court · 1925
  5. H. Feldman's Sons Co. v. NetskySupreme Court of Pennsylvania · 1943

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