Thornton-Claney Lumber Co. v. J. M. O'Quin & Sons
Mississippi Supreme Court
Appeal from the chancery court of Pike county. Hon. R. "W. Cutrer, Chancellor. Bill for accounting and for an injunction by ThorntonClaney Lumber Company against J. M. O’Quin & Sons. Injunction issued, demurrer to bill sustained, and decree affirmed on appeal, and defendant thereafter filed- a suggestion of damages for the wrongful suing out of the injunction, and from a decree awarding damages, the Thornton-Claney Lumber Company appeals.
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Appeal from the chancery court of Pike county. Hon. R. "W. Cutrer, Chancellor. Bill for accounting and for an injunction by ThorntonClaney Lumber Company against J. M. O’Quin & Sons. Injunction issued, demurrer to bill sustained, and decree affirmed on appeal, and defendant thereafter filed- a suggestion of damages for the wrongful suing out of the injunction, and from a decree awarding damages, the Thornton-Claney Lumber Company appeals. The facts are fully stated in the opinion of the court. The second assignment of error is directed to the award of three hundred dollars attorneys’ fee. The…
1Opinion of the CourtEthridge, J.
J. M. O’Quin & Sons, appellees, were lumber manufacturers and dealers, and the Thornton-Claney Lumber Company was a corporation doing business at Chicago, 111., and engaged in the buying and selling of lumber. The agent of the Thornton-Claney Company went to the appellees to buy about two hundred fifty, thousand feet of lumber then on the yard of appellees. An order was written out and signed by the agent of appellant and the appellees, but the order was signed immediately before the arrival of a train, and the appellees claimed not to have read the order, but signed it hastily so the agent…
2Cases cited1 opinion
- Rubon v. StephanMississippi Supreme Court · 1852
3Cited by2 opinions
- Thomas v. Mississippi Power & Light Co.Mississippi Supreme Court · 1934
- Womack v. McMillanCourt of Appeals of Texas · 1932