Legal Opinion

Miller v. Fisher

Mississippi Supreme Court

Decided October 15, 1917PublishedCited by 3 opinions

Appeal from the circuit court of Jacltsou county. Hon. J. H. Neville, Judge. Suit by Chas A. Fisber against T. J. Miller. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In view of the testimony there can he no question of agency in this case, unless it can he shown that appellant made herself liable by some subsequent act, or in some way became responsible to appellee after the repairs were completed.

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Appeal from the circuit court of Jacltsou county. Hon. J. H. Neville, Judge. Suit by Chas A. Fisber against T. J. Miller. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In view of the testimony there can he no question of agency in this case, unless it can he shown that appellant made herself liable by some subsequent act, or in some way became responsible to appellee after the repairs were completed. There is nothing in the entire record to suggest agency or any manner of liability on the part of appellant, unless it is claimed that…

1Opinion of the Court

Holden J.,

delivered the opinion of the court.

*355The appellee, Chas. A. Fisher, sued appellant, T. J. Miller, and obtained judgment for the sum of seventy-nine dollars alleged to be due for services performed by Fisher in repairing a motor boat belonging to Miller. Appellant Miller denied liability on the ground that he made no contract for the repairs, and that at the time the contract was made and the work done the boat was in the possession of a third party, Dan Sherman, who was using the boat for his individual benefit, having full use and control of it, and was to keep it in repair at his…

2Cited by3 opinions

  1. Redd and Hill v. L & a Contracting Co.Mississippi Supreme Court · 1963
  2. Chatfield v. FishSupreme Court of Connecticut · 1940
  3. Moorhead Motor Co. v. H. D. Walker Auto Co.Mississippi Supreme Court · 1923

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