Denney v. Wheelwright
Mississippi Supreme Court
Appeal from the Circuit Court of Jackson County. Hon. S. H. Terral, Judge. On May 9, 1879, Wm. D. Wheelwright & Co., lumber dealers in New York City, wrote Walter Denney & Co., who are owners of large mills at Moss Point in this State, the following letter: “On terms named to Mr. Gause we have arranged for a shipment of a cargo of all heart .pitch pine to Eio for your account, procuring a cash advance of $9 per M. on the bill lading (which, advance we will endeavor to…
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Appeal from the Circuit Court of Jackson County. Hon. S. H. Terral, Judge. On May 9, 1879, Wm. D. Wheelwright & Co., lumber dealers in New York City, wrote Walter Denney & Co., who are owners of large mills at Moss Point in this State, the following letter: “On terms named to Mr. Gause we have arranged for a shipment of a cargo of all heart .pitch pine to Eio for your account, procuring a cash advance of $9 per M. on the bill lading (which, advance we will endeavor to increase to $10 and expect to do so), and chartering a vessel at the best rate obtainable, it being understood that for such…
1Opinion of the CourtCooper, J.
Aside from the questions arising..oil the set-off of the defendants, the only real controversy is. as-to whether the lumber shipped to B,io was .a consignment by .the defendants for sale for their account and at their risk,'or was sold by them to Yon Sacks, pr was consigned on a guarantee by Yon Sacks that it should in any event net the defendants not less than a certain price. These were questions of fact for the jury, and, from a careful examination of all the evidence, we fail to discover anything from which it could have 'inferred any other fact than that the shipment was aii ordinary…
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