Kress v. Lindsey
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Mississippi; Edwin R. Holmes, Judge. Action by Mrs. Emma McCarroll Rindsey and others against S. H. Kress & Co., begun in state court and removed to the federal court. There was a judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
ERVIN, District Judge.
This was a suit instituted in the cifcuit court of Forrest county, Miss., by appellees against appellant, and removed to the federal court for the Southern district of Mississippi.
The suit was based upon the breach of an alleged warranty contained in a catalogue issued by Kress & Co., who were doing a mail order business in New Orleans, La., which catalogue contained, among others, the following statements:
After stating that there would be an increase in the price of the articles shown by the catalogue over prices previously 'charged, the catalogue offered what it termed…
2Cited by16 opinions
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- Borucki v. MacKenzie Brothers Co., Inc.Supreme Court of Connecticut · 1938
- Hasson Grocery Co. v. CookMississippi Supreme Court · 1944
- Hinton v. Republic Aviation CorporationDistrict Court, S.D. New York · 1959
- Black, Sivalls & Bryson, Inc. v. ShondellCourt of Appeals for the Eighth Circuit · 1949
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