Hoover Commercial Co. v. Humphrey
Mississippi Supreme Court
Appeal from the circuit court of Holmes county . Hon. Monroe McClurg, Judge. Suit by W. H. Humphrey, survivng partner of Humphrey’s & Co., against the Hoover Commercial Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Holmes county . Hon. Monroe McClurg, Judge. Suit by W. H. Humphrey, survivng partner of Humphrey’s & Co., against the Hoover Commercial Company. Prom a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court erred in excluding the evidence offered by appellant in the way of set-off and recoupment, based on evidence that cotton similar to that contracted for was tendered to appellees and rejected, except two bales, and the rejected portion sold at a loss of two hundred and forty dollars. The idea of the lower…
1Opinion of the CourtReed, J.
This is an action brought in the circuit court by ap-pellees, cotton buyers, against appellant, a mercantile-corporation, to recover damages for breach of an oral contract of sale of fifty hales of cotton, to be delivered at a future date. The declaration alleges that the cotton was to he of certain grades, shown by samples at the time the contract was made; that the bales were to weigh *817five hundred pounds each, and that the delivery was to be made during the month of November, 191.1; that fifty bales were tendered by appellant, hut only two were of the required staple, and appellees refused…
2Cases cited4 opinions
- Myers v. EstellMississippi Supreme Court · 1872
- Amory Independent Telephone Co. v. CoxMississippi Supreme Court · 1912
- Hayes v. Slidell Liquor Co.Mississippi Supreme Court · 1911
- Shewalter v. FordMississippi Supreme Court · 1857
3Cited by17 opinions
- Horton v. American Tobacco Co.Mississippi Supreme Court · 1995
- Canal-Commercial Trust & Savings Bank v. BrewerMississippi Supreme Court · 1926
- Howard v. AbernathyCourt of Appeals of Tennessee · 1988
- Commonwealth, Department of Public Welfare v. Ludlow Clinical Laboratories, Inc.Supreme Court of Pennsylvania · 1977
- Moore v. AbdallaMississippi Supreme Court · 1944
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