Stonewall Manufacturing Co. v. Peek
Mississippi Supreme Court
Appeal from the Circuit Court of Jasper County. Hon. A. G. Mayers, Judge. J. M. Buckley & Son were accustomed to buy cotton for the Stonewall Manufacturing Company, receiving therefor a commission of twenty-five cents per bale. On the 10th of March, 1884, this firm of Buckley & Son made a verbal contract with G. F. Peek for forty bales of cotton at ten cents per pound.
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Appeal from the Circuit Court of Jasper County. Hon. A. G. Mayers, Judge. J. M. Buckley & Son were accustomed to buy cotton for the Stonewall Manufacturing Company, receiving therefor a commission of twenty-five cents per bale. On the 10th of March, 1884, this firm of Buckley & Son made a verbal contract with G. F. Peek for forty bales of cotton at ten cents per pound. On the 14th of March, Peek approached Buckley and said: “ I have eight bales of that cotton,” and delivered it and was paid for it. At the time of the delivery nothing was said as to whom the cotton was being bought for, but…
1Opinion of the CourtCampbell, J.
The right of the appellant to institute the action upon a contract by its agent is clear, and the testimony is undisputed that the contract was made for the appellant.
It should have been left to the jury to find whether the eight bales were delivered and received and paid for, in pursuance and fulfillment of the oral contract previously made for forty bales of cotton. The oral contract, made for forty bales, to average five hundred pounds each, at ten cents per pound, is proved, and if the delivery and receipt four days later of eight bales of the forty was in part performance of the previous…
2Cited by6 opinions
- Crystal Springs Ice Co. v. HollidayMississippi Supreme Court · 1914
- Ludke Electric Co. v. Vicksburg Towing Co.Mississippi Supreme Court · 1961
- Moreland v. Newberger Cotton Co.Mississippi Supreme Court · 1909
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
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