Legal Opinion

Vicksburg Manufacturing & Supply Co. v. Jaffray Construction Co.

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 3 opinions

From the circuit court of Warren county. Hon. John M. Bush, Judge. The Vicksburg Manufacturing and Supply Company, appellant, a corporation, was plaintiff in the court below and John H. Jaffray, doing business under the name “The Jaffray Construction Company,” and another, appellees, were defendants there. From a judgment adverse to plaintiff it appealed to the-supreme court. The opinion states the facts.

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From the circuit court of Warren county. Hon. John M. Bush, Judge. The Vicksburg Manufacturing and Supply Company, appellant, a corporation, was plaintiff in the court below and John H. Jaffray, doing business under the name “The Jaffray Construction Company,” and another, appellees, were defendants there. From a judgment adverse to plaintiff it appealed to the-supreme court. The opinion states the facts. Code 1906, § 30J4, referred to in the opinion is as follows: Subcontractors, laborers, etc., may bind the amount due the contractor by written notice.—When any contractor or'master workman…

1Opinion of the Court

Fletcher, J.,

delivered the opinion of the court..

Appellant, a dealer in builders’ supplies, filed a petition in the circuit court of Warren county against the Jaffray Construction Company and one Dr.'J. B. Askew, Jr., seeking to enforce a materialman’s lien upon a building constructed for Askew by John TL Jaffray, a contractor doing business under the style of the J affray Construction Company. From a peremptory instruction in favor of Askew, the supply company appeals.

The effect of the judgment of the circuit court was to release the building from any lien. Judgment by default was taken…

2Cited by3 opinions

  1. United States Fidelity & Guaranty Co. v. ParsonsMississippi Supreme Court · 1929
  2. Phillips v. F. G. & H. Millwork Manufacturing Co.Mississippi Supreme Court · 1966
  3. B & G Crane Service, Inc. v. Dolphin Titan International, Inc.Court of Appeals for the Fifth Circuit · 1985

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