Young v. Alexander
Mississippi Supreme Court
Appeal from circuit court of Humphreys couuty. Hon. I-I. H. Elmore, Judge. Action by J. E.. Young against Alexander Bros. Judgment for defendants, and plaintiff appeals. We submit that this case should have gone to the jury on the question of the agreement of the parties.
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Appeal from circuit court of Humphreys couuty. Hon. I-I. H. Elmore, Judge. Action by J. E.. Young against Alexander Bros. Judgment for defendants, and plaintiff appeals. We submit that this case should have gone to the jury on the question of the agreement of the parties. If their /agreement was that the logs were to be delivered on the right of way of the Delta Southern Railroad,, at or near Bear Creek and they were subsequently delivered there, that is delivery to the defendant, and takes the contract out of the statute of frauds, and makes a valid contract between them. If the agreement…
1Opinion of the Court
Smith, C. J.,
delivered the opinion of the .court.
The appellant sued the appellees upon an alleged oral agreement by which they agreed to purchase from him logs “to be delivered on the right of way of the Delta Southern Railway at Bear Creek Station,” and to pay therefor a price per thousand feet amounting in the aggregate to the sum of four thousand and thirty-six dollars and fifty-si?, cents. The declaration alleged the delivery of the logs by the plaintiff at the place agreed on in the contract, and that the appellees declined to pay him therefor. The appellees pleaded the statute of frauds…
2Cases cited3 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Johnson v. TaborMississippi Supreme Court · 1911
3Cited by4 opinions
- A. K. Burrow & Co. v. Planters' Oil Mill & Gin Co.Mississippi Supreme Court · 1925
- Entrekin v. ByrdMississippi Supreme Court · 1928
- Becker Pretzel Bakeries, Inc. v. Loefflad, Pennsylvania Court of Common Pleas, Luzerne County1957
- Howell v. BufordMississippi Supreme Court · 1969