Cudahy Packing Co. v. Hibou
Mississippi Supreme Court
Prom tbe circuit court of 'Warren county. Hon. J. N. Bush, Judge. The Cudahy Packing Company, appellant, was plaintiff in the court below. One Louis Hibou, appellee’s intestate, was defendant there. During the pendency of the suit the defendant died and the cause was revived against Mrs. Hibou as administratrix of his. estate. Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are-stated in the opinion of the court.
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Prom tbe circuit court of 'Warren county. Hon. J. N. Bush, Judge. The Cudahy Packing Company, appellant, was plaintiff in the court below. One Louis Hibou, appellee’s intestate, was defendant there. During the pendency of the suit the defendant died and the cause was revived against Mrs. Hibou as administratrix of his. estate. Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The facts are-stated in the opinion of the court. The business to which the goods for which' payment is claimed were sold was that organized and carried on for a time under the agreement…
1Opinion of the CourtCalhoon, J.
This action was originally brought against Louis Hibou for divers articles alleged to have been sold to him by the appellant. During the progress of the litigation Louis Hibou died, and the case was revived in the name of Caroline Hibou, administratrix of his estate. The case was tried on an agreed state of *239facts, which, notwithstanding prolixity, we reproduce. It is as follows:
Agreed State of Fads.
“The following agreement was made between L. Hibou, defendant’s intestate, and Magruder Hoxie on the 15th of October, 1904, viz.:
‘This agreement, made and entered into this 15th day of October,…
2Cases cited3 opinions
- F. J. Dubos & Co. v. JonesSupreme Court of Florida · 1894
- Clifton v. HowardSupreme Court of Missouri · 1886
- Fairly v. NashMississippi Supreme Court · 1892
3Cited by12 opinions
- Spier v. LangCalifornia Supreme Court · 1935
- Millers' Indemnity Underwriters v. PattenTexas Commission of Appeals · 1923
- State Ex Rel. Washburn v. HutchinsSupreme Court of Florida · 1931
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Fee v. McPhee Co.California Court of Appeal · 1916
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