McClave-Brooks Co. v. Belzoni Oil Works
Mississippi Supreme Court
Appeal from the circuit court of Washington county. HoN. F. E. Everett, Judge. Suit by McClave-Brooks Company against the Belzoni Oil Works. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Washington county. HoN. F. E. Everett, Judge. Suit by McClave-Brooks Company against the Belzoni Oil Works. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Our contention i-n the first place is, that there was not a misjoinder of cause of action in the declaration; that by the most strained construction, the third count cannot he considered an action ex delicto, or one sounding in tort. The appellant was suing on the contract for the purchase price of the equipment sold, and not for damages or the…
1Opinion of the CourtEthridge, J.
The appellant filed suit in the circuit court of Washington county for six hundred and thirty dollars, the purchase price of an outfit sold defendant to be used under their boiler, and ¿Iso for twenty dollars and fifteen cents, supplemental articles in connection therewith. There were three counts in the declaration; the contract being made' an exhibit to the declaration. The first count alleges the *506sale of the goods, wares, and merchandise of the said amount, alleges performance on the part of plaintiff of the terms of the contract, and demanded judgment for the said amount. The second count…
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