Gilmore Puckett Co. v. Glenn
Mississippi Supreme Court
Appeal from circuit court of Monroe county. Hon. C. P. Long, Judge. Action by Jeff Glenn against tbe Gilmore Puckett Company. Judgment for plaintiff, and botb parties appeal. Delivery is a question of intention of tbe parties. (See cases cited at page 3 original brief.) Tbe intention of tbe parties can only be arrived at by tbeir declarations and actions made at tbe time of tbe transaction and by their subsequent acts during its execution.
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Appeal from circuit court of Monroe county. Hon. C. P. Long, Judge. Action by Jeff Glenn against tbe Gilmore Puckett Company. Judgment for plaintiff, and botb parties appeal. Delivery is a question of intention of tbe parties. (See cases cited at page 3 original brief.) Tbe intention of tbe parties can only be arrived at by tbeir declarations and actions made at tbe time of tbe transaction and by their subsequent acts during its execution. We think we clearly demonstrated in our original brief that the parties to this contract could have bad but one intention, that is, that tbe lumber would…
1Opinion of the CourtEthridge, J.
The appellee brought suit against the appellant for certain lumber claimed to have been delivered by Glenn upon a public highway under contract providing as follows:
“You may enter our order for fifty thousand feet of two-inch pine cut in dimensions of 2x4 to 2x12 at fifteen-dollars per thousand, delivered on Pike Road about one-half mile east of Leverett’s milk One car of one-inch board about sixteen thousand feet at eighteen dollars, delivered *131on Pike. Stock to be delivered when dry. Terms cash less two per cent. In consideration of this sale the Gilmore Puckett 'Company has advanced me two…
2Cases cited3 opinions
- Hart v. Livermore Foundry & Machine Co.Mississippi Supreme Court · 1895
- Tallahatchie Lumber Co. v. ThatchMississippi Supreme Court · 1918
- Cole v. BryantMississippi Supreme Court · 1895