Hutchins v. Smith-Harrison
Mississippi Supreme Court
Appeal from the circuit court of Sunflower county. HoN. J. L. Williams, Special Judge. Suit by Smith-Harrison & Company against W. H. Hutchins. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. According to the undisputed testimony of appellant he agreed to buy of appellee certain goods of a specified kind, quantity and quality and to be made up in a certain designated way.
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Appeal from the circuit court of Sunflower county. HoN. J. L. Williams, Special Judge. Suit by Smith-Harrison & Company against W. H. Hutchins. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. According to the undisputed testimony of appellant he agreed to buy of appellee certain goods of a specified kind, quantity and quality and to be made up in a certain designated way. Then, if appellee did not ship the exact kind, quantity and quality ánd made up as directed by appellant at the time of the agreed purchase, there was no fulfilment…
1Opinion of the CourtCook, J.
According to the testimony of appellant, he ordered of appellee certain merchandise, but when the shipment arrived he discovered that appellee had not only shipped to him the goods ordered by him, but had shipped other goods not ordered. After discovering this fact, appellant says, he returned the goods not ordered and retained the goods ordered, and is ready to pay for the agreed value of the goods retained. Appellee refused to accept the goods returned, and instituted an action for the value of the entire bill shipped, claiming that appellant ordered the goods shipped; that appellant was…
2Cases cited3 opinions
- Rodman v. GuilfordMassachusetts Supreme Judicial Court · 1873
- Cohen v. PembertonSupreme Court of Connecticut · 1885
- Ormond v. HendersonMississippi Supreme Court · 1899
3Cited by4 opinions
- Rubenstein v. Grossman-Winfield Millinery Co.Mississippi Supreme Court · 1915
- Hytken Bros. v. Hanover Children's Wear Co.Mississippi Supreme Court · 1929
- Hytken Bros. v. International Dress Co.Mississippi Supreme Court · 1929
- Rubenstein v. Grossman-Winfield Millinery Co.Mississippi Supreme Court · 1915