Burnley v. Tufts
Mississippi Supreme Court
Appeal from the circuit court of Copiah county. Hon. T. J. Wharton, Judge. The agreed statement of facts shows the following case : The appellee, J. W. Tufts, sold to appellant, Burnley, a soda-water apparatas, taking therefor the several notes of the latter, due at intervals of thirty days consecutively.
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Appeal from the circuit court of Copiah county. Hon. T. J. Wharton, Judge. The agreed statement of facts shows the following case : The appellee, J. W. Tufts, sold to appellant, Burnley, a soda-water apparatas, taking therefor the several notes of the latter, due at intervals of thirty days consecutively. The notes, which are all similar, contain the stipulation that the title to the property shall remain in J. "W. Tufts, the seller, until all the notes are paid, and that he shall have the right, upon the non-payment at maturity of either of the notes, to retake possession of the property.…
1Opinion of the CourtCooper, J.
Burnley unconditionally and absolutely promised to pay a certain sum for the property the possession of which he received from Tufts. The fact that the property has been destroyed while in his custody and before the time for the payment of the note last due, on payment of which only his right to the legal title of the property would have accrued does not relieve him of payment of the price agreed on. He got exactly what he contracted for, viz., the possession of the property and the right to acquire an absolute title by payment of the agreed price. The transaction was somei thing more than an…
2Cited by13 opinions
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