Hairston v. Montgomery
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. Jno. L. Buckley, Judge. Suit by Mrs. M. M. Montgomery against S. H. Hairs-ton et al. From a judgment for plaintiff, defendants appeal. The facts are fully stated in tbe opinion of tbe court. We submit that the court erred in not excluding tbe itemized statement offered by tbe plaintiff and in not giving a peremptory instruction when tbe appellee rested ber case.
Read the full summary
Appeal from the circuit court of Lauderdale county. Hon. Jno. L. Buckley, Judge. Suit by Mrs. M. M. Montgomery against S. H. Hairs-ton et al. From a judgment for plaintiff, defendants appeal. The facts are fully stated in tbe opinion of tbe court. We submit that the court erred in not excluding tbe itemized statement offered by tbe plaintiff and in not giving a peremptory instruction when tbe appellee rested ber case. This was a suit based on a contract and not on an open account. Tbe basis of tbe suit was tbe contract entered into on tbe-day of June, 1908, tbe gist of tbe suit being tbe…
1Opinion of the CourtSmith, J.
On the 4th day of June, 1887, the Alabama Great Southern Railroad Company leased John B. Ewing, John A. Hart, and W. A. Baskette certain land for the purpose of erecting and maintaining a stockyard, which contract contained a number of mutual covenants, among them being one on the part of the railroad company as follows: “The party of the first part will furnish at all times a sufficient supply of good water, and will also provide all sidetracks necessary for the proper handling of business.” Appellee, having succeeded to the rights of the lessees in this contract, in June, 1908, leased the…
2Cited by18 opinions
- Dennis v. PrisockMississippi Supreme Court · 1969
- Hines v. ColeMississippi Supreme Court · 1920
- Schaffer v. Deemer Manufacturing Co.Mississippi Supreme Court · 1914
- Nebhan v. MansourMississippi Supreme Court · 1932
- Jarman v. StateMississippi Supreme Court · 1937
13 more not listed; retrieve them via the Exa API.