Legal Opinion

W. T. Pate Auto Co. v. W. J. Westbrook Elevator Co.

Mississippi Supreme Court

Decided March 29, 1926No. 25114PublishedCited by 7 opinions

1Opinion of the CourtCook, J.

This is an appeal from a decree of the chancery court of the First district of Hinds county, sustaining a de murrer to the amended bill of complaint filed by the W. T. Tate Auto Company against the W. J. Westbrook Elevator Company. The amended bill of complaint alleges:

That “the complainant did lease of and from W. T. Pate that certain building on the southeast corner of Pearl and Parish streets; that in the building so thus leased was an elevator purchased by the said W. T. Pate from said non-resident, defendant; that an elevator is a thing that is obvious to the seller thereof; that a…

2Cases cited3 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
  3. Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919

3Cited by7 opinions

  1. King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
  2. Harrist v. Spencer-Harris Tool Co.Mississippi Supreme Court · 1962
  3. Cadillac Corporation v. MooreMississippi Supreme Court · 1975
  4. Burkett v. Globe Indemnity Co.Mississippi Supreme Court · 1938
  5. Ford Motor Co. v. MyersMississippi Supreme Court · 1928

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