Mallett v. Lewis
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The appellant sued on the contract mentioned in the opinion of the court, and the appellee filed several pleas. Among other .things he pleaded that the contract was parol. After demurrers to all the pleas were overruled, the plaintiff offered to answer the other defenses, but refused to reply to the plea which involved the Statue of Frauds.
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Appeal from the Circuit Court of Hinds County. Hon. T. J. Wharton, Judge. The appellant sued on the contract mentioned in the opinion of the court, and the appellee filed several pleas. Among other .things he pleaded that the contract was parol. After demurrers to all the pleas were overruled, the plaintiff offered to answer the other defenses, but refused to reply to the plea which involved the Statue of Frauds. He tendered, however, an amended declaration, but the court refused to let him file it and dismissed the case. This declaration, after stating the contract as before, averred that “…
1Opinion of the CourtChalmees, J.
The defendant bound himself not to re-enter the drug business in the town of Edwards for five years, and during this period to buy all his own drugs ■ from the plaintiff, and to influence his friends to do the same, if goods could be obtained from the plaintiff on as good terms as elsewhere. The breach of contract relied on is that plaintiff was always ready and willing to sell all goods, and actually did sell them when called for, on as good terms as could be obtained elsewhere; but in violation of his contract the defendant and appellee was purchasing from other parties. Defendant pleaded…
2Cases cited1 opinion
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
- Wagniere v. DunnellSupreme Court of Rhode Island · 1909
- Weatherford, Mineral Wells & Northwestern Railway Co. v. WoodTexas Supreme Court · 1895
- Collection & Investigation Bureau of Maryland, Inc. v. LinsleyCourt of Special Appeals of Maryland · 1977
- Poole v. Johns-Manville Products Corp.Mississippi Supreme Court · 1951
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