Boyle Gin Co. v. W. F. Moody & Co.

On the first trial of this case, it was held by the circuit court that there could be no recovery because the contract was made on Sunday and a peremptory instruction was granted. On appeal we held that there was sufficient evidence of ratification on secular days to escape a peremptory charge. Moody & Co. v. Boyle Gin Co., 180 Miss. 523, 177 So. 654.

On the second trial all the evidence, without dispute, was in support of the affirmative on the issue of ratification, and there was an agreement, on the only other issue, that if appellee was entitled to recover at all it should recover in not…