Rubenstein v. Grossman-Winfield Millinery Co.
Mississippi Supreme Court
Appeal from the circuit court of Forest county. Hon. Paul B. Johnson, Judge. On suggestion of error. For former opinion see 69 So. 688. The facts are stated in the opinion of the court.
1Opinion of the CourtCook, J.
court.
We do not think there is any conflict in the decision heretofore rendered in this case with the holding of this court in Hutchins v. Smith-Harrison Company, 64 So. 789. In the Hutchins Case, supra, the appellant bought a certain kind of goods, which were actually shipped, but the seller shipped other goods, which were not bought. The purchaser retained the goods bought, and returned the goods not bought. In the present case the purchaser bought a “job lot,” represented to contain not more than four dozen hats of different styles and values. The seller misrepresented the number of the…
2Cases cited1 opinion
- Hutchins v. Smith-HarrisonMississippi Supreme Court · 1914