Hirschburg Optical Co. v. S. A. Jackson & Co.
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. A statement of the case will be found in the opinion of the court. 1. The written contract signed by both parties is conclusive as to every material matter entering into the agreement. 2. Clark & McCoy, agents for appellees, accepted the goods in controversy at the Kosciusko depot from the express company, delivered them in the store of appellees, and the box containing the goods was opened by one of…
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Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. A statement of the case will be found in the opinion of the court. 1. The written contract signed by both parties is conclusive as to every material matter entering into the agreement. 2. Clark & McCoy, agents for appellees, accepted the goods in controversy at the Kosciusko depot from the express company, delivered them in the store of appellees, and the box containing the goods was opened by one of appellees’ clerks. 3. The whole evidence by appellees should have been excluded by the court. Its object was to enlarge…
1Opinion of the CourtCooper, C. J.
The appellees were merchants in the town of Kosciusko, and were approached by the agent of the appellants, who desired to make sale of a lot of spectacles. The appellees stated that they were not experts in judging of such articles, and were unwilling to sell them to their customers unless they could be assured of their quality by the fact that they had been purchased from a reputable firm. To satisfy the appellees that the appellants were reputable merchants, the agent represented that the firm of McLain & Nabors, merchants in an adjacent town, had been for years customers of the appellants,…
2Cited by5 opinions
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