Hopkins v. Buckley, Terry & Co.
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Buckley, Terry & Company against W. E. Hopkins. From a judgment for plaintiff, defendant appeals. Appellant purchased at the trustee’s sale a stock oif goods formerly belonging to T. J. Fisher, a bankrupt, and placed- Fisher in charge thereof, with directions to sell it out at retail, depositing the money taken each day in a bank to appellant’s credit.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by Buckley, Terry & Company against W. E. Hopkins. From a judgment for plaintiff, defendant appeals. Appellant purchased at the trustee’s sale a stock oif goods formerly belonging to T. J. Fisher, a bankrupt, and placed- Fisher in charge thereof, with directions to sell it out at retail, depositing the money taken each day in a bank to appellant’s credit. He further agreed with Fisher that-when he (Fisher) should turn over to him an amount of money sufficient to reimburse him for the expense incurred by him in…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above). Authority to pur■chase goods on the credit of appellant was not within the apparent scope of the authority conferred by him upon Fisher, which was simply to sell the stock of goods and account to him for the proceeds thereof. Wheeler v. McGuire, 86 Ala. 398, 5 So. 190, 2 L. R. A. 808.
Reversed, and judgment here for appellant.
Reversed.
2Cases cited1 opinion
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
3Cited by1 opinion
- C. L. Gray Lumber Co. v. Shubuta Motor Co.Mississippi Supreme Court · 1934