W. M. Carter Planing Mill Co. v. New Orleans M. & C. R.
Mississippi Supreme Court
Appeal from the chancery court of Jones county. Hon. Sam Whitman, Jr., Chancellor. Suit hy Will Carter Planing Mill Company against the New Orleans, Mobile & Chicago Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. All the counsel says about discrimination we admit to be sound law, but there can be no discrimination when there is no body to discriminate against.
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Appeal from the chancery court of Jones county. Hon. Sam Whitman, Jr., Chancellor. Suit hy Will Carter Planing Mill Company against the New Orleans, Mobile & Chicago Railroad Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. All the counsel says about discrimination we admit to be sound law, but there can be no discrimination when there is no body to discriminate against. In other words, when the contract was made, it was, because of the two facts stated in the bill, and admitted by the demurrer, perfectly legal; and that the…
1Opinion of the CourtHolden, J.
This is an appeal from the chancery court of Jones county, where the appellant W. M. Carter Planing Mil] Company filed its bill, claiming fifty thousand dollars as damages for the breach of a contract covering switching or stoppage charges on cars consigned to its mill at Laurel. A demurrer to the bill filed by the defendant New Orleans, etc., R. Co. was sustained by the lower court, and the complainant appeals here.
The appellant alleged in its bill: That on January 18, 1907, it entered into a contract with the appellee through the Mobile, Jackson & Kansas City Railroad Company which company…
2Cases cited2 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Peoria Gas & Electric Co. v. PeoriaSupreme Court of the United States · 1906