Stone-Lowe Cotton Co. v. Weil Bros.
Mississippi Supreme Court
Appeal from circuit court of Lee county.' Hon. C. O. Long, Judge. Suit by Weil Bros, against the Stone-Lowe Cotton Company. Judgment for plaintiff, and the defendant appeals.
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Appeal from circuit court of Lee county.' Hon. C. O. Long, Judge. Suit by Weil Bros, against the Stone-Lowe Cotton Company. Judgment for plaintiff, and the defendant appeals. When the jury brought in this verdict in this form: “We, the jury of ten to two, render the verdict in favor of the plaintiffs,” we say this is no verdict at all and that the court had no power whatever to render a judgment on that verdict, or to amend that verdict, because it was not a verdict and it was defective not only in form but in substance. And when the court assumed the function of the jury in changing not only…
1Opinion of the CourtEthridge, J.
Weil Bros, brought suit against the appellant in the circuit court for one thousand, seven hundred and twenty-*69tiro dollars and nine cents on a contract for the purchase of some cotton, alleging that on or about the 18th day of October, 1919, plaintiff bought from the defendants two hundred and twenty-four bales of cotton at thirty-five and fifty-five one-hundredths cents per pound, basis strict .middling one-fourth cent up for good middling, one-fourth cent down for middling, two cents off for strict middling tinges, four cents off for middling tinges; said lot of cotton to contain about…
2Cited by5 opinions
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