Gilmore Puckett Grocery Co. v. J. Lindsey Wells Co.
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Hon. J. Q. Robins, Chancellor. • Suit by the Gilmore Pucket Grocery Company against the J. Lindsey Wells Company. From a judgment for defendant, plaintiff appeals. The Gilmore Puckett Grocery Company purchased of the J. Lindsey Wells Company certain cottonseed meal, which was recommended, as an excellent feed.
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Appeal from the chancery court of Monroe county. Hon. J. Q. Robins, Chancellor. • Suit by the Gilmore Pucket Grocery Company against the J. Lindsey Wells Company. From a judgment for defendant, plaintiff appeals. The Gilmore Puckett Grocery Company purchased of the J. Lindsey Wells Company certain cottonseed meal, which was recommended, as an excellent feed. The purchaser claimed that it was not up to representations in that it was a mixture of meal and hulls, and brought suit in the justice court for the difference between its real value and the purchase price, and recovered a judgment and…
1Opinion of the Court
Cook, J.,
delivered the opinion of the court.'
There are several questions presented by this record, including the correctness of the theory upon which the chancellor based his decree dismissing appellant’s bill of complaint. This action was begun by an attachment in the chancery court under sections 536 and 537 of the revised Code of 1906, to recover the penalty prescribed by section 2256 of the same Code. It seems that appellee sold a lot of so-called cottonseed meal to appellant, which was recommended as an excellent feed. Some question was raised as to whether or not the goods sold to…
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