Brooks v. Gulfport Grocery Co.
Mississippi Supreme Court
Appeal from'the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by the Gulfport Grocery Company against Brooks & Myers. Prom a judgment for plaintiff, defendants appeals. The facts are fully stated in the opinion of the court. The first assignment of error is that the court erred in granting a peremptory instruction for the plaintiff.
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Appeal from'the circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by the Gulfport Grocery Company against Brooks & Myers. Prom a judgment for plaintiff, defendants appeals. The facts are fully stated in the opinion of the court. The first assignment of error is that the court erred in granting a peremptory instruction for the plaintiff. We believe this assignment of error is well taken for the reason that evidently upon the evidence adduced in this case, the case should have been, submitted to the jury. George W. Brooks defendant in the court below and appellant here testified…
1Opinion of the CourtHolden, J.
The appellee, Gulfport Grocery Company, recovered a judgment in the lower court for ninety-two dollars against Brooks & Myers, appellants, in a suit on an *650account for a bill of feedstuff claimed to have been sold and delivered by appellee to appellants.
The appellants complain here that the lower court erred in granting a peremptory instruction to the jury to find for the plaintiff below, as there was a denial of the debt by appellants, and a conflict in the testimony introduced as to a liability on the part of appellants, and for that reason the ease should have been submitted to the jury for…
2Cited by1 opinion
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