Carver Gin & Machine Co. v. Gaddy
Mississippi Supreme Court
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The case is stated in the opinion of the court.
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Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. The case is stated in the opinion of the court. Suppose the gin did not come up to representations, did defendant have the right to keep it through an entire ginning season and then decline to pay anything for it ? Say that he did notify the plaintiffs that it was subject to their order, was the offer in good faith ? If so, why did he still keep and use it during the balance of the ginning season and never stop using it at any time. It would not do to say that this offer was honestly made, but that he afterward…
1Opinion of the CourtArnold, J.
In the summer of 1882 appellants sold a cotton gin to appellee and afterward took his note for two hundred dollars for the same. The gin was warranted as to the amount and quality of work it would do. Appellee failed to pay the note at maturity, and when sued on it in February, 1883, he defended on the ground that there was.a breach of warranty and failure of consideration, and that when this was discovered he notified appellants that the gin was *204subject to their order. It is shown and not disputed that appellee retained the gin after its alleged failure to give satisfaction, and that he…
2Cases cited1 opinion
- Dill v. CampSupreme Court of Alabama · 1853
3Cited by4 opinions
- Koehring Co. v. Hyde Construction Co.Mississippi Supreme Court · 1965
- J. B. Colt Co. v. MazingoMississippi Supreme Court · 1926
- Lumbermen's Supply Co. v. Poplarville Sawmill Co.Mississippi Supreme Court · 1918
- Giles v. PhillipsMississippi Supreme Court · 1960