Legal Opinion

McClave-Brooks Co. v. Belzoni Oil Works

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 4 opinions

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.

Read the full summary

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…

2Cited by4 opinions

  1. Southland Broadcasting Co. v. TracyMississippi Supreme Court · 1951
  2. McDowell v. MinorMississippi Supreme Court · 1930
  3. Powe v. Forrest County Election CommissionMississippi Supreme Court · 1964
  4. Jenkins & Boyle v. RogersMississippi Supreme Court · 1939

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API