Lumbermen's Supply Co. v. Poplarville Sawmill Co.
Mississippi Supreme Court
Appeal from the circuit- court of Pearl River county. IioN. A. E. Weatheesby, Judge. Suit by the Lumbermen’s Supply Company against the Poplarville Sawmill Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the' court. Where a purchaser is dissatisfied with the property and wishes to rescind, he must return within a reasonable time, and he will waive the right to do so by subsequent use.”
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Appeal from the circuit- court of Pearl River county. IioN. A. E. Weatheesby, Judge. Suit by the Lumbermen’s Supply Company against the Poplarville Sawmill Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the' court. Where a purchaser is dissatisfied with the property and wishes to rescind, he must return within a reasonable time, and he will waive the right to do so by subsequent use.” In Ware v. Houghton, 41 Miss. 370, this court held that if the purchaser has the right to avoid the sale for any cause such as defect in title or quality,…
1Opinion of the Court
HoldeN, J.r.
delivered the opinion of the court.
The appellee purchased and received from appellant an endless rubber belt, for use in. appellee’s sawmill. There was an implied warranty on the part of appellant that the belt was of merchantable quality and suitable for the purpose for which it was to be used. After using the belt for fifteen days, the appellee discovered that it was unsatisfactory, in that “it was made endless, and where they lapped in making the lap on an endless belt, the lap tore loose; it was dangerous to work it after the first fifteen days.” When appellee discovered this…
2Cases cited4 opinions
- Ware v. HoughtonMississippi Supreme Court · 1867
- Stillwell, Bierce & Smith Vaile Co. v. Biloxi Canning Co.Mississippi Supreme Court · 1901
- Carver Gin & Machine Co. v. GaddyMississippi Supreme Court · 1884
- Sikemeier v. JacobMississippi Supreme Court · 1908
3Cited by6 opinions
- P. D. Bellville Supply Co. v. DaceyMississippi Supreme Court · 1926
- J. T. Fargason & Sons, Inc. v. Cullander Machinery Co.Mississippi Supreme Court · 1955
- Caldwell v. SmithMississippi Supreme Court · 1947
- Barnes v. Chester Burnham Chevrolet, Inc.Mississippi Supreme Court · 1969
- McDaniel v. SmithMississippi Supreme Court · 1950
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