FitzGerald v. American Mfg. Co.
Mississippi Supreme Court
Appeal from the circuit court of Coahoma county. Hon. W. A. Alcorn, Jr., Judge Suit by the American Manufacturing Company against E. P. FitzGerald. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The description of the property in the contract of sale is void.
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Appeal from the circuit court of Coahoma county. Hon. W. A. Alcorn, Jr., Judge Suit by the American Manufacturing Company against E. P. FitzGerald. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The description of the property in the contract of sale is void. Allen v. Bichen, 63 Miss. 91; Nicholson et al. v. Karpe, 58 Miss. 1. The last mentioned decision is so close in point that the court is specially directed to the description therein. Kelly v. Reid, 57 Miss. 89. The description in the affidavit of replevin (Bee. p. 4), writ of…
1Opinion of the CourtHolden, J.
This is an action of replevin, brought by the American Manufacturing Company, plaintiff in the lower court and appellee here, against the appellant, F. P. Fitz Gerald, for certain property consisting of a soda fountain, fixtures, and apparatus belonging thereto, and also one ceiling fan. The property was purchased by one Goodman from the appellee, under a contract of sale wherein the appellee retained title to all of the property. This property was placed and used in the pool room operated by said Goodman, in a building belonging to appellant, F. P. FitzGerald. Goodman fell behind in the rent…
2Cases cited3 opinions
- Paine v. Hall Safe & Lock Co.Mississippi Supreme Court · 1886
- Tufts v. StoneMississippi Supreme Court · 1892
- Gayden v. TuftsMississippi Supreme Court · 1891
3Cited by3 opinions
- Ellzey v. FredericMississippi Supreme Court · 1941
- Grand Rapids Showcase Co. v. Trustee of Loeb's, Inc.District Court, N.D. Mississippi · 1922
- National Cash Register Co. v. ThompsonMississippi Supreme Court · 1950