Legal Opinion

Warren Godwin Lumber Co. v. Lumber Mineral Co.

Mississippi Supreme Court

Decided March 15, 1919No. 20799PublishedCited by 2 opinions

Appeal from the circuit court of Covington County. Hon. W. H. Hughes, Judge. Suit by the Warren Goodwin Lumber Company against the Lumber Mineral Company. From a judgment for defendant,-plaintiff appeals. The facts are fully stated in the opinion of" the court. My original brief in' this case was written upon the supposition that the case went off in the court below on the point that there was no proof of a written acceptance of the order for the lumber.

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Appeal from the circuit court of Covington County. Hon. W. H. Hughes, Judge. Suit by the Warren Goodwin Lumber Company against the Lumber Mineral Company. From a judgment for defendant,-plaintiff appeals. The facts are fully stated in the opinion of" the court. My original brief in' this case was written upon the supposition that the case went off in the court below on the point that there was no proof of a written acceptance of the order for the lumber. It seems, however, to be conceded by counsel that there was a written order and acceptance, but the suit being to recover'the money paid for…

1Opinion of the CourtStevbNs, J.

Appellant, a corporation, was plaintiff in the court below, and prosecutes this appeal from a judgment' entered in' pursuance of a peremptory instruction in favor of appellee as defendant: In January, 1913) appellant placed with the appellee a written order for a carload of lumber of certain specifications. Appellee, a corporation engaged in the manufacture of lumber, accepted the order, attempted to dress the lumber in accordance with its. interpretation of the written contract, and shipped the lumber to Jackson, Miss. The appellant company, engaged generally in the4 business of buying *349and…

2Cases cited3 opinions

  1. Foote v. FarmerMississippi Supreme Court · 1893
  2. Buntyn v. National Mutual Building & Loan Ass'nMississippi Supreme Court · 1905
  3. Wally v. L. N. Dantzler Lumber Co.Mississippi Supreme Court · 1919

3Cited by2 opinions

  1. City of Hattiesburg v. Cobb Bros. Const. Co.Mississippi Supreme Court · 1935
  2. Attala Warehouse & Compress Co. v. J. N. Alexander Mercantile Co.Mississippi Supreme Court · 1925

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