Friedlander v. Pugh, Slocomb & Co.
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Campbell, J. Plaintiff in error assigned the following errors: 1st. The verdict was contrary to evidence. 2d. The verdict was contrary to law. 3d. The damages are excessive. 4th. The court erred in refusing to give the defendants’ second instruction. 1st and *2d. Insisted that the testimony established a contract of agency whereby defendants in error became the agents of plaintiff in error, to sell as auctioneers, a stock of goods.
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Error to the circuit court of Yazoo county. Campbell, J. Plaintiff in error assigned the following errors: 1st. The verdict was contrary to evidence. 2d. The verdict was contrary to law. 3d. The damages are excessive. 4th. The court erred in refusing to give the defendants’ second instruction. 1st and *2d. Insisted that the testimony established a contract of agency whereby defendants in error became the agents of plaintiff in error, to sell as auctioneers, a stock of goods. The power of the agent, being uncoupled with an interest, was revocable at the pleasure of Friedlander. Hunt v.…
1Opinion of the Court
Simrall, J.:
This was a suit brought by attachment in the circuit court of Yazoo county, by Pugh, Slocomb & Co., against Fried-lander, founded on a verbal contract, by which, as is alleged, Pugh, Slocomb & Co., agreed, as auctioneers, to sell at auction for Friedlander, merchandise to the value of $20,000, for which they were to be paid 5 per cent, on the amount of the goods, making the sum of $1000; that they were ready' and willing, and offered to perform their part of the contract, but were prevented by Friedlandei’, who declined to let the sale be made.
The attachment was levied on personal…
2Cases cited4 opinions
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Rayner & Hope v. DyettNew York Supreme Court · 1829
- Prichard v. MartinMississippi Supreme Court · 1854
- Heckscher v. McCreaNew York Supreme Court · 1840
3Cited by7 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Hammond v. BeesonSupreme Court of Missouri · 1892
- Schleider v. DielmanSupreme Court of Louisiana · 1892
- Hale v. George H. Hess & Co.Nebraska Supreme Court · 1890
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