Buck v. Mosley & Mallory
Court of Appeals of Mississippi
In' error from the circuit court of Noxubee county; Hon. John Watts, judge. Mosley & Mallory, copartaers in making and laying brick, sued Buck in assumpsit, on an account, for $89.30, — items, brick furnished and laid in building; non assumpsit and payment were pleaded, and issues joined.
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In' error from the circuit court of Noxubee county; Hon. John Watts, judge. Mosley & Mallory, copartaers in making and laying brick, sued Buck in assumpsit, on an account, for $89.30, — items, brick furnished and laid in building; non assumpsit and payment were pleaded, and issues joined. Mosley & Mallory introduced a witness, who deposed that he was present when Mallory, one of the partners, and said Buck tried to settle; that Buck admitted the correctness of the account sued on. Witness says Mallory admitted that, at the time Buck contracted with him for the work and materials, that he,…
1Opinion of the Court
M. Justice Yerger
delivered the opinion of the court.
This was an action of assumpsit brought by the defendants in error on an account for bricks sold and work done for the plaintiff in error. On the trial below, the defendant offered evidence to show that he had made an agreement with Mallory, one of the plaintiffs, that the price of the bricks and work should be applied towards the payment of an individual note of Mallory held by the defendant; and that, when he made this agreement, he was ignorant that Mosley was a copartner of Mallory, and interested in the bricks and work. This testimony…
2Cases cited1 opinion
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