Jones v. Mississippi Farms Co.
Mississippi Supreme Court
Appeal from the chancery court of Harrison county. Hon. W. M. Denny, Jr., Chancellor. Suit by the Mississippi Farms Company against J. T. Jones. From a judgment for plaintiff, both sides appeal.
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Appeal from the chancery court of Harrison county. Hon. W. M. Denny, Jr., Chancellor. Suit by the Mississippi Farms Company against J. T. Jones. From a judgment for plaintiff, both sides appeal. On the 8th day of May, 1909, Finkbine Lumber Company, a corporation of Iowa, doing business at Wiggins, Miss., and owning a lumber railroad extending from Wiggins about twenty-four miles southeast, entered into a contract with J. T. Jones for the sale of the logging railroad; J. T. Jones being the owner of the majority of the capital .stock of the Gulf & Ship Island Railroad, which said railroad was…
1Opinion of the CourtEthridge, J.
*303(After stating the facts as above.) The direct appeal is prosecuted by J. T. Jones, and he contends that under clause 11 above set out he was not compelled to perform the contract, but had the option of retiring at any time he saw proper, and that clause 11 at all events fixed the damages which should be paid for a default in the contract. He contends further that the Mississippi Farms Company, not being a party to the contract,' can recover no damages suffered by it by reason of the failure of Jones to carry out the contract to buy and operate the railroad. The Farms Company claims that it…
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