Sharp v. Brookhaven Pressed Brick Co.
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hok. D. M. Miller, Judge. ' Suit by J. P. Sharp, against the Brookhaven Pressed Brick and Manufacturing Company. Prom a judgment for the defendant, the plaintiff appeals. The facts are fully stated in the opinion of the court. Appellee itself practically admits that the contentions presented by it are trash, by the statement on page. 5 of its. brief.
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Appeal from the circuit court of Lincoln county. Hok. D. M. Miller, Judge. ' Suit by J. P. Sharp, against the Brookhaven Pressed Brick and Manufacturing Company. Prom a judgment for the defendant, the plaintiff appeals. The facts are fully stated in the opinion of the court. Appellee itself practically admits that the contentions presented by it are trash, by the statement on page. 5 of its. brief. The sole and only question, in the main, which is involved, and the item upon which the jurisdiction of the circuit court was invoked, is whether or not if there was an implied warranty of quality,…
1Opinion of the Court
Smith, C. J...
delivered tfre opinion of the court.
The appellee is a corporation engaged in the manufacture of brick at Brookhaven, Miss., from which the appellant ordered by mail several carloads of brick to be delivered at Shaw, Miss. As each car of brick was shipped to the appellant, a draft for the price thereof was drawn on him by the appellee to which the bill of lading was attached and forwarded to the Bank of Shaw, which draft the appellee was compelled to pay before receiving the-bill of lading and the brick represented thereby. Claiming that the brick delivered to him were inferior…
2Cases cited4 opinions
- Hall Commission Co. v. CrookMississippi Supreme Court · 1905
- Mobile Auto Co. v. SturgesMississippi Supreme Court · 1914
- National Cash Register Co. v. HudeMississippi Supreme Court · 1918
- D. Rosenbaum's Sons v. Davis & Andrews Co.Mississippi Supreme Court · 1916
3Cited by2 opinions
- P. D. Bellville Supply Co. v. DaceyMississippi Supreme Court · 1926
- McElroy v. LongCourt of Appeals for the Fifth Circuit · 1948