Albert Mackie & Co. v. S. S. Dale & Sons
Mississippi Supreme Court
Appeal from the circuit court of Jefferson Davis county. Hon. J. T. Garraway, Special Judge. Action by Albert Mackie & Co., Limited, against S. S. Dale & Sons. Verdict and judgment for defendant, and plaintiff appeals. Whether contracts ip general may be modified or rescinded by mutual parol agreement.
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Appeal from the circuit court of Jefferson Davis county. Hon. J. T. Garraway, Special Judge. Action by Albert Mackie & Co., Limited, against S. S. Dale & Sons. Verdict and judgment for defendant, and plaintiff appeals. Whether contracts ip general may be modified or rescinded by mutual parol agreement. While we do not ag’ree with appellee in his views expressed in his brief on this question, we shall refrain from an argument on it here for the reason that it is not germain to the issue. The contract sued upon and, attempted here to be varied, or modified by parol is within the statute of…
1Opinion of the CourtStevens, J.
This is an action for damages instituted by appellant company for the alleged breach of a certain contract in writing for the ¡purchase of six carloads of Irish potatoes,1 of four hundred bushels each, at two dollars and thirty-five cents per bushel. The declaration charged that appellee failed and refused to deliver any of the six cars, and as a consequence plaintiff was compelled to go into the open market and bu¡y¡ potatoes to supply the plaintiff’s contracts, all at an increased price and to the total damage to plaintiff of nine hundred and sixty dollars. To this declaration appellee…
2Cases cited2 opinions
- Smiley v. BarkerCourt of Appeals for the Eighth Circuit · 1897
- Lee v. HawksMississippi Supreme Court · 1891
3Cited by6 opinions
- Nason v. MORRISSEYMississippi Supreme Court · 1953
- Cragin v. EatonMississippi Supreme Court · 1923
- Rudder v. TriceSupreme Court of Alabama · 1938
- Williamson v. MetzgerMississippi Supreme Court · 1980
- J. P. Stevens & Co., Inc. v. Great Falls Paper Co.Montana Supreme Court · 1942
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