Cole v. Bryant
Mississippi Supreme Court
From the circuit court of the second district of Chickasaw county. Hon. Newnan Cayoe, Judge. This was an action of replevin instituted by Cole for the recovery of 12,000 white oak pipe staves valued at $75 per thousand.
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From the circuit court of the second district of Chickasaw county. Hon. Newnan Cayoe, Judge. This was an action of replevin instituted by Cole for the recovery of 12,000 white oak pipe staves valued at $75 per thousand. On the trial, he introduced the following writing, signed by H. B. Horton, the maker of the staves: “Okolona, Miss., September 6, 1893. ‘£ This is to certify that 1 have agreed with G. W. Cole to turn over to him all the staves I have here at Okolona for money and supplies I have received, and are to receive, from this date on, and, when paid, then this instrument of writing…
1Opinion of the CourtCooper, C. J.
The third instruction for the defendant should not have been given. There is no evidence in the record showing a delivery of the staves by Horton to Bryant before the contract between Cole and Horton (whatever may have been its nature) was entered into. True, Horton says he had delivered the staves to Bryant under his contract with him, but he states precisely what was done, and what was done did not constitute delivery. He carried the staves, it is true, to the place where delivery was to be made, but this was no delivery, for the staves were not received or accepted by Bryant, who, under…
2Cases cited1 opinion
- Berry v. WatermanMississippi Supreme Court · 1893
3Cited by1 opinion
- Gilmore Puckett Co. v. GlennMississippi Supreme Court · 1920