Continental Jewelry Co. v. Braddock
Mississippi Supreme Court
Appeal from the circuit .court of Tippah county. Hon. H. K. Mahon, Judge. ■ Suit by the Continental Jewelry Company against D. T. Braddock. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The seventh instruction asked by appellant and refused ought to have been given.
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Appeal from the circuit .court of Tippah county. Hon. H. K. Mahon, Judge. ■ Suit by the Continental Jewelry Company against D. T. Braddock. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The seventh instruction asked by appellant and refused ought to have been given. It summarizes the facts as shown by the evidence and declares that it is the duty of the defendant to notify the plaintiff that the show case would not be accepted at Ripley. The appellee will not be allowed to take advantage of his attempted rescission of the contract on…
1Opinion of the CourtCook, J.
The facts gathered from the record are about these: Appellee, a country merchant, bought from the traveling salesman of appellant a lot of jewelry at an agreed price, and in consideration of this purchase of jewelry appellant agreed to ship appellee a show case described in the contract. The jewelry was delivered, but from some error in the shipping orders the show case was shipped to Ripley, instead of Falkner, the shipping point of appellee. Appellee notified appellant of the receipt of the jewelry and of the nondelivery of the show case. Appellant in reply expressed regret at the…
2Cited by1 opinion
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