Griffin v. Edward Eiler Lumber Co.
Mississippi Supreme Court
Appear from the circuit court of Jones County. Hon. R. S. Hard, Judge. Action by the Edward Eiler Lumber Company against J. M. Griffin. Judgment for plaintiff, and defendant appeals. Appellant in its brief concedes impliedly that the first question propounded bv the court should be answered in the affirmative. In other words there is an implied ad-' mission that the railroad company was the agent of the appellee to whom delivery could have been made.
Read the full summary
Appear from the circuit court of Jones County. Hon. R. S. Hard, Judge. Action by the Edward Eiler Lumber Company against J. M. Griffin. Judgment for plaintiff, and defendant appeals. Appellant in its brief concedes impliedly that the first question propounded bv the court should be answered in the affirmative. In other words there is an implied ad-' mission that the railroad company was the agent of the appellee to whom delivery could have been made. The appellee does not comment upon the refusal to receive by the railroad. -This is in fact a concession that the record does not disclose that…
1Opinion of the Court
Smith, C. J;,
delivered the opinion of the court.
This is an appeal from a judgment awarding the appellee damages because of the alleged1 failure of the appellant to deliver to the appellee lumber which it had purchased from him. The facts material to an understanding of the point on which our decision will turn are: That the appellee purchased at different times several carloads of lumber from the appellant to be shipped to it by rail at different points in the states of Ohio and Pennsylvania. The sales were f. o. b. the appellant’s *273mill which is located in Jones county on the Gulf, Mobile &…
2Cases cited1 opinion
- Graham & the Title Guaranty & Surety Co. v. United StatesSupreme Court of the United States · 1913
3Cited by2 opinions
- Southern Creosoting Co. v. WhitfieldMississippi Supreme Court · 1922
- Hatcher v. FergusonIdaho Supreme Court · 1921