Thompson v. Bryant
Mississippi Supreme Court
From the circuit court of Lafayette county. HoN. Eugene Johnson, Judge. The facts are fully stated in the opinion. The plaintiff had the right to show by parol proof that the written contract signed by him did not express the real consideration of the purchase.
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From the circuit court of Lafayette county. HoN. Eugene Johnson, Judge. The facts are fully stated in the opinion. The plaintiff had the right to show by parol proof that the written contract signed by him did not express the real consideration of the purchase. He had the right to show that when he signed the contract, instead of being paid $1,700 in cash, he only received $1,200, and that it was received upon the understanding that it was to release him from all liabilities of the old firm. There is no proposition clearer or better settled than this one. In the case of Kerr v. Kuykendall, 44…
1Opinion of the Court
Enochs, Special J.,
delivered the opinion of the court.
Appellant sued appellees, in court below, on a note for $500, dated February 13, 1894, made by J. O. Bryant and indorsed by Buford & Bryant, payable to the order of appellant ninety days after date, with ten per cenLum interest after maturity, for value received. The appellant and said Buford were partners, doing a mercantile business in the town of Oxford. On February 13, 1894, appellant sold to J. O. Bryant his half interest in the business of Buford & Thompson, and executed and delivered to Bryant a bill of sale in these words: “ I…
2Cases cited5 opinions
- Baum v. LynnMississippi Supreme Court · 1895
- Wren v. HoffmanMississippi Supreme Court · 1868
- Herndon v. HendersonMississippi Supreme Court · 1868
- Cocke v. BlackbournMississippi Supreme Court · 1880
- Dixon v. CookMississippi Supreme Court · 1872
3Cited by9 opinions
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Alabama & V. Ry. Co. v. KroppMississippi Supreme Court · 1922
- English v. New Orleans & North Eastern R. R.Mississippi Supreme Court · 1911
- Allen v. AllenMississippi Supreme Court · 1936
- Thiem v. EckertSupreme Court of Minnesota · 1925
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