Thayer Export Lumber Co. v. Naylor
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by S'. E. Naylor against the Thayer Export Lumber Company. From a judgment in favor of plaintiff, defendant appeals. On October 17, 1906, the appellant entered into a contract with the appellee to buy five hundred thousand feet of lumber of the classification known to the trade as “Rio deals;” the specifications and prices being shown in the contract.
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Appeal from the circuit court of Harrison county. Hon. T. H. Barrett, Judge. Suit by S'. E. Naylor against the Thayer Export Lumber Company. From a judgment in favor of plaintiff, defendant appeals. On October 17, 1906, the appellant entered into a contract with the appellee to buy five hundred thousand feet of lumber of the classification known to the trade as “Rio deals;” the specifications and prices being shown in the contract. The contract provided for delivery not later than December 15, 1906. On November 27th the appellee delivered to the appellant one hundred and forty-eight thousand…
1Opinion of the Court
Whitfield, C.
The action of the court in refusing to permit the appellant to present its version of what was intended by the letter and check of May 22, 1907, after having permitted the appellee to present his version of .same, is reversible error. If no parol testimony was admissible, it was error to have heard the plaintiff’s testimony on this subject. But if, looking at the letter and the statement of account and the check with the words “Bal. a|c to date,” it could be fairly said that the expression was left in doubt as to its true meaning, then, surely, if the plaintiff was permitted to…
2Cited by4 opinions
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