Tallahatchie Lumber Co. v. Cecil Lumber Co.
Mississippi Supreme Court
Appeal from circuit court of Pearl River county. Hon. A. E. Weathersby, Judge. Action by the Tallahatchie Lumber Company against the Cecil Lumber Company. Judgment for defendant on a directed verdict, and plaintiff appeals.. The- appellee agreed to ship the lumber f. o. b. New Orleans, Louisiana.
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Appeal from circuit court of Pearl River county. Hon. A. E. Weathersby, Judge. Action by the Tallahatchie Lumber Company against the Cecil Lumber Company. Judgment for defendant on a directed verdict, and plaintiff appeals.. The- appellee agreed to ship the lumber f. o. b. New Orleans, Louisiana. The recent case of J. M\ Griffin v. Edward Eiler Lumber Company, No. 20895, in which this court decided that where lumber was to be delivered f. o. b. cars at the point of shipment, the duty devolved upon the purchaser to procure cars is not in point. It is not in the case here. In the first place,…
1Opinion of the CourtW. H. Cook, J.
Appellant, Tallahatchie Lumber Company, sued to recover of appellee, Cecil Lumber Company, the sum of seven hundred dollars as loss of profits or damages sustained by reason of the breach of a certain contract in writing, by the terms of which appellee agreed to sell and deliver to appellant one hundred thousand feet of lumber. The correspondence evidencing the contract shows that the lumber was for immediate shipment, and was to be delivered f. o. b. New Orleans, Louisiana, for export, and appellant averred, and offered evidence to prove, that it had resold the lumber at a net profit of…
2Cases cited12 opinions
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Abby v. BillupsMississippi Supreme Court · 1858
- Harman v. Washington Fuel Co.Illinois Supreme Court · 1907
- Runyon v. CulverCourt of Appeals of Kentucky · 1916
- Harmon v. FlemingMississippi Supreme Court · 1852
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