Thos. McFarland Lumber Co. v. Selby
Mississippi Supreme Court
Appeal from circuit court of Warren county. Hon. E. L. Breen, Judge. Suit by Thos. W. Selby and others against the Thos. McFarland Lumber Company and others. Judgment for plaintiffs, and defendant named appeals. The maintenance of the suit is defeated by several'insuperable bars. A. Statute of Frauds.
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Appeal from circuit court of Warren county. Hon. E. L. Breen, Judge. Suit by Thos. W. Selby and others against the Thos. McFarland Lumber Company and others. Judgment for plaintiffs, and defendant named appeals. The maintenance of the suit is defeated by several'insuperable bars. A. Statute of Frauds. Section 3119 of Hemingway’s Code provides: “An action shall not he brought whereby to charge a defendant or other party— (a) Upon any special promise to answer for the debt or default or miscarriage of another person; unless . . . the promise or agreement upon which such action may he brought,…
1Opinion of the CourtEthridge, J.
Thomas W. Selby and others, constituting the firm of Selby & Woods, filed suit against the appellant, Thos. McFarland Lumber Company, a corporation, and Simrall & Grogan, a partnership composed of II. Simrall and H. Grogan, alleging that between the 1st of July, 1916, and the 1st of December, 1916, the plaintiffs, at the instance and request of Simrall & Grogan, cut, furnished, sold, and delivered to said Simrall & Grogan lumber at agreed price as set out in an exhibit to the declaration; that the said Simrall & Grogan agreed with plaintiffs to pay them the amount set forth in said itemized…
2Cases cited2 opinions
- Lee v. NewmanMississippi Supreme Court · 1877
- Delta Lumber Co. v. WallMississippi Supreme Court · 1919
3Cited by2 opinions
- Fagg Mill Work & Lumber Co. v. GreerSupreme Court of Florida · 1931
- B & G Crane Service, Inc. v. Dolphin Titan International, Inc.Court of Appeals for the Fifth Circuit · 1985