Scully v. Lowenstein
Mississippi Supreme Court
Appeal from the Chancery Court of Lauderdale County. Hon. George Wood, Chancellor. The bill in this case was filed by the appellant for the purpose of having a written contract between himself and the appellees reformed, and to obtain a decree against the appel-lees on the contract as reformed. The defendants pleaded a judgment at law as res adjudicata of the matters involved in the bill. The court sustained the plea and dismissed the bill.
Read the full summary
Appeal from the Chancery Court of Lauderdale County. Hon. George Wood, Chancellor. The bill in this case was filed by the appellant for the purpose of having a written contract between himself and the appellees reformed, and to obtain a decree against the appel-lees on the contract as reformed. The defendants pleaded a judgment at law as res adjudicata of the matters involved in the bill. The court sustained the plea and dismissed the bill. A suppletory statement of the case will be found in the opinion of the court. The plea of res adjudicata is clearly bad, because it shows that the merits…
1Opinion of the CourtChalmeRS, J.
In the suit at law between these parties, the plaintiff counted, first, upon an implied assumpsit; and, second, upon an express contract. Defendants pleaded non assumpsit to the first count, and to the second they pleaded a denial of the special eoatract alleged, and averred a different contract in writing, of which they made profert. Upon these pleas plaintiff took issue, and the verdict and judgment rendered thereon conclusively determined that there was no such implied undertaking as was alleged by plaintiff, and that no such express contract was, in fact, consummated. But the object of…
2Cases cited1 opinion
- Mosby v. WallMississippi Supreme Court · 1851
3Cited by4 opinions
- Hardy v. O'PryMississippi Supreme Court · 1912
- Weisinger v. McGeheeMississippi Supreme Court · 1931
- Commercial Credit Co. v. NewmanMississippi Supreme Court · 1940
- Paine v. WilemonMississippi Supreme Court · 1956