Moreland v. Newberger Cotton Co.
Mississippi Supreme Court
From the-circuit- court of Leflore county. Hon. Sydney Smith, Judge. Moreland, appellant, assignee of Moreland & Townes, a dissolved copartnership, was plaintiff in the court below; the Newberger Cotton Company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. • The facts are stated in the opinion of the court.
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From the-circuit- court of Leflore county. Hon. Sydney Smith, Judge. Moreland, appellant, assignee of Moreland & Townes, a dissolved copartnership, was plaintiff in the court below; the Newberger Cotton Company, appellee, was defendant there. From a judgment in defendant’s favor plaintiff appealed to the supreme court. • The facts are stated in the opinion of the court. While the contract for sale of the cotton was oral, yet the purchaser actually received and paid a part thereof. Hence the statute of frauds does not apply. Btonwall Mfg. Go. v. Peele, 63 Miss. 342.' At any moment after the…
1Opinion of the Court
Fletcher, J.,
delivered the opinion of the court.. P. P. McLemore, a planter and ginner of Leflore county, was indebted to Moreland & Townes, a mercantile partnership located at Phillipp, and at the beginning of the ginning season of 1903 entered into a written contract with Moreland & Townes by which it was agreed that McLemore should sell and deliver to Moreland & Townes sixty-two bales of cotton at an agreed price of eleven cents per pound, the gin weights to control, delivery to' be made on McLemore’s yard, and payment to be made after delivery and examination of the weights, as shown by…
2Cases cited4 opinions
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Gibbons v. RobinsonMichigan Supreme Court · 1886
- McLaughlin v. MarstonWisconsin Supreme Court · 1891
- Stonewall Manufacturing Co. v. PeekMississippi Supreme Court · 1885
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- A. K. Burrow & Co. v. Planters' Oil Mill & Gin Co.Mississippi Supreme Court · 1925
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