Strong v. Krebs
Mississippi Supreme Court
Appeal from the Chancery Court of Jackson County. Hon. Sylvanus Evans, Chancellor. A. C. Danner & Co. entered into a certain agreement in writing with Mead Bros., and afterward Danner & Co. sold all their interests, including their rights under this agreement with Mead Bros., to the “ Danner Land and Lumber Company.” A. C. Danner & Co. had exhibited a bill against Mead Bros.
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Appeal from the Chancery Court of Jackson County. Hon. Sylvanus Evans, Chancellor. A. C. Danner & Co. entered into a certain agreement in writing with Mead Bros., and afterward Danner & Co. sold all their interests, including their rights under this agreement with Mead Bros., to the “ Danner Land and Lumber Company.” A. C. Danner & Co. had exhibited a bill against Mead Bros. The Danner Land and Lumber Company having failed, J. C. Strong, the assignee of the same, was made complainant in place of Danner & Co. The bill set out that Danner & Co. had entered intoan agreement with Mead Bros.,…
1Opinion of the Court
Campbell, J,,
delivered the opinion of the court.
The only'idea on which this bill could be maintained is, that there was a trust between the- parties to the contract set forth by it, but we fail to discover any such fiduciary relation springing from the contract as to enable a court of chancery to redress the wrong done by its violation. It presents the ordinary instance of a contract whose violation may be amply compensated for by damages in an action at,law, and the fact that a judgment for damages would yield no fruit because of insolvency does not change the rule.
The claim of the…
2Cases cited1 opinion
- T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
3Cited by3 opinions
- Leach v. LeachSupreme Court of Minnesota · 1926
- Bunn v. McAdams, Et Ux.Wyoming Supreme Court · 1928
- Haraway v. Planters Agricultural Credit Corp.Mississippi Supreme Court · 1937