Gunning v. Royal
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. For the purpose of carrying dirt from a hill which he was cutting down, the appellant hired a mare and, cart from the appellee, who furnished an inexperienced negro boy for driver. While a fall was being made at one end of the work, the rule was for the cart to be loaded at the other.
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Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. For the purpose of carrying dirt from a hill which he was cutting down, the appellant hired a mare and, cart from the appellee, who furnished an inexperienced negro boy for driver. While a fall was being made at one end of the work, the rule was for the cart to be loaded at the other. On one occasion, the boy, although warned by a laborer of the appellant, drove to the wrong end where there was no dirt, but where the bank was ready to be caved, and while he was attempting to comply with another laborer’s direction to…
1Opinion of the Court
Campbell. J.,
delivered the opinion of the court.
The facts disclosed by the evidence acquit Gunning of all blame with respect to the injury to the mare and cart he had hired of Royal. Pie was, therefore, not legally answerable to Royal for the loss he suffered, or any part of it, and the giving of his note in settlement of the “ controversy ” did not preclude him from showing that he was not legally liable for the payment of the pm promised. The existence of a dispute or *47controversy between parties is not a sufficient consideration to support a promise to pay money in settlement of it, wliére…
2Cases cited2 opinions
- Foster v. M. A. Metts & Co.Mississippi Supreme Court · 1877
- Boone v. BooneMississippi Supreme Court · 1881
3Cited by7 opinions
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- Price v. First National BankSupreme Court of Kansas · 1901
- Fetterman v. Badger Lumber & Mfg. Co.Mississippi Supreme Court · 1932
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