Weil Bros. v. Wittjen
Mississippi Supreme Court
Appeal from the circuit court of Marshall county. Hon. J. L. Bates, Judge. - Suit by Weil Bros, against Hans Wittjen. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. There - are three principal questions of law,involved in the presentation of this case as presented by the facts above recited: First: The demurrer filed by the plaintiff to the pleas of the defendant should have been sustained.
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Appeal from the circuit court of Marshall county. Hon. J. L. Bates, Judge. - Suit by Weil Bros, against Hans Wittjen. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. There - are three principal questions of law,involved in the presentation of this case as presented by the facts above recited: First: The demurrer filed by the plaintiff to the pleas of the defendant should have been sustained. (a) The plea of general issue (denying, in toto, that defendant owes the plaintiff anything in the manner and form alleged in the declaration) and…
1Opinion of the CourtEthridge, J.
Weil Bros., a partnership doing business at Montgomery, Ala., composed of Isidor and Emil Weil, made a contract with Wittjen to buy cotton for them at Holly Springs, Miss. Under the contract it was provided and understood that the cotton bought under the contract, was to be paid for by drafts drawn upon the plaintiffs with bills of lading for the cotton attached; that the price was to be for a certain grade, and if the cotton shipped went above the grade, Wittjen was to be credited with' the difference in price above the contract grade, *521and if it went below the contract grade, he was to make…
2Cases cited1 opinion
- Hoover Commercial Co. v. HumphreyMississippi Supreme Court · 1914
3Cited by1 opinion
- Shapleigh Hardware Co. v. BrumfieldMississippi Supreme Court · 1930