Barton Parker Mfg. Co. v. Brumfield
Mississippi Supreme Court
Appeal from the circuit court of pike county. HoN. J. B. HoldeN, Judge. Suit by the Barton Parker Manufacturing Company against J. K. Brumfield & Co. Prom a judgment for defendant, plaintiff appeals. A traveling salesman of the Barton-Parker Manufacturing Company of Cedar Rapids, Iowa, sold to appellee certain jewelry, and took the note of appellee to cover the purchase price.
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Appeal from the circuit court of pike county. HoN. J. B. HoldeN, Judge. Suit by the Barton Parker Manufacturing Company against J. K. Brumfield & Co. Prom a judgment for defendant, plaintiff appeals. A traveling salesman of the Barton-Parker Manufacturing Company of Cedar Rapids, Iowa, sold to appellee certain jewelry, and took the note of appellee to cover the purchase price. The salesman wired the order in to the house, who acknowledged receipt of the order and wrote that shipment would be made in a few days. Appellee, having learned that certain representations made by the salesman were…
1Opinion of the CourtCook, P. J.
According to the evidence of the defendant below, ap-pellee here, the salesman of the seller made certain false and fraudulent representations to the buyer of the goods, which induced him to buy the goods. It further appears *45that the buyer countermanded the order by letter or telegraph, as soon as he ascertained that the representations were false. This case in its facts, is strikingly like Hirschburg Optical Co. v. Jackson & Co., 63 Miss. 21. In the present case, the witness for the defendant stated that, as an inducement to buy, the salesman ,told him that other merchants had handled his…
2Cases cited1 opinion
- Hirschburg Optical Co. v. S. A. Jackson & Co.Mississippi Supreme Court · 1885