Willis v. Ellis
Mississippi Supreme Court
From the circuit court of Nankin county. Hon. C. L. Dobbs, Judge. Willis, appellant, was plaintiff in the court below; Ellis, appellee, was defendant there. From a judgment in defendant’s favor, sustaining a demurrer to the declaration and dismissing the suit, plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Nankin county. Hon. C. L. Dobbs, Judge. Willis, appellant, was plaintiff in the court below; Ellis, appellee, was defendant there. From a judgment in defendant’s favor, sustaining a demurrer to the declaration and dismissing the suit, plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. The written memorandum binding the parties is in these words: “Beg to confirm purchase of you to-day B-S cotton, middle and above running receipts, weights guaranteed, at 12c. f. o. b. Florence — September delivery. Kindly confirm same to me.”…
1Opinion of the CourtMayes, C. J.
On the 9th of November, 1909, Floyd Willis instituted suit in the circuit court of Rankin county against W. C. Ellis. The object of the suit was to recover from Ellis the sum of fourteen hundred dollars, claimed as damage for the breach of an alleged contract which Willis claims he made with Ellis, whereby Ellis contracted to sell to Willis one hundred bales of cotton. The case made by the declaration is substantially as follows, viz.:
Willis states that on the 19th of August, 1909, he purchased from Ellis one hundred bales of cotton at twelve cents per pound f. o. b. Florence, Mississippi,…
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