Columbia Milling Co. v. Russell Co.
Mississippi Supreme Court
From the circuit court of Warren county. Non. John N. Bush, Judge. The Columbia Star Milling Company, a corporation, the appellant, was plaintiff in the court below; the Russell Company, a corporation, the appellee, ivas defendant there. From a judgment which, although in favor of plaintiff, was for less than it demanded, being for a sum tendered by defendant as the limit of its liability, the plaintiff appealed to the supreme court.
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From the circuit court of Warren county. Non. John N. Bush, Judge. The Columbia Star Milling Company, a corporation, the appellant, was plaintiff in the court below; the Russell Company, a corporation, the appellee, ivas defendant there. From a judgment which, although in favor of plaintiff, was for less than it demanded, being for a sum tendered by defendant as the limit of its liability, the plaintiff appealed to the supreme court. The appellee, the Russell Company, being in the mercantile business at Vicksburg, purchased from appellant a car load of flour under a written contract which was…
1Opinion of the CourtMayes, J.
On the facts presented by this case, it was error in the trial court to permit parol proof to go to the jury of promises made by the appellant to do certain things not contracted to be done in the written contract. This testimony could have been admitted *444only for the purpose of showing that the contract was procured by fraud, and, when appellee accepted the flour after making the written contract, it waived whatever right it may have had to show that it was induced to make the contract by representations of appellee not embodied in the writing. It cannot accept the goods under the written…
2Cases cited5 opinions
- Baum v. LynnMississippi Supreme Court · 1895
- Wren v. HoffmanMississippi Supreme Court · 1868
- Cocke v. BlackbournMississippi Supreme Court · 1880
- Howie v. PlattMississippi Supreme Court · 1903
- Patton-Worsham Drug Co. v. Planters' Mercantile Co.Mississippi Supreme Court · 1905
3Cited by1 opinion
- Mississippi Power Co. v. BennettMississippi Supreme Court · 1935