Ormond v. Henderson
Mississippi Supreme Court
From tbe circuit court of Lauderdale county. HoN. GreeN B. IíuddeestoN, Judge. Henderson, tbe appellee, was tbe plaintiff in tbe court below; Ormond, appellant, was defendant there. Tbe facts are fully stated in the opinion of the court. Tbe declaration counts only upon a sale, and there is no proof that Henderson ever sold tbe fifteen barrels of sugar to Ormond. Tbe variance is fatal, and demends a reversal.
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From tbe circuit court of Lauderdale county. HoN. GreeN B. IíuddeestoN, Judge. Henderson, tbe appellee, was tbe plaintiff in tbe court below; Ormond, appellant, was defendant there. Tbe facts are fully stated in the opinion of the court. Tbe declaration counts only upon a sale, and there is no proof that Henderson ever sold tbe fifteen barrels of sugar to Ormond. Tbe variance is fatal, and demends a reversal. Ghism v. Alcorn, 71 Hiss., 506. Ormond, upon receipt of tbe bill of lading, should have accepted all or rejected all. If he rejected tbe shipment, Ormond should have notified Henderson.…
1Opinion of the Court
Terral, J.,
delivered tbe opinion of tbe court.
Wm. Henderson, a merchant of New Orleans, La., sued Ormond, in tbe circuit court of Lauderdale county, for $230.98, a balance due of tbe purchase price of twenty-five barrels of granulated sugar, shipped to him November 18, 1895.
It appeared in evidence that Ormond, at Meridian, Miss., agreed to buy of Hester, a broker at that place, ten barrels of sugar, supposing that Hester had the sugar in hand. Hester having no sugar, and being unable to buy of Henderson on his own account, wired Henderson to ship Ormond twenty-five barrels of sugar, at the…
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