American Funding Corp. v. Pennington
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by the American Funding Corporation against A. J. Pennington. From a judgment for defendant, plaintiff appeals. The facts are fully stated in tbe opinion of the court. Tbe defendant, tbe appellee herein, attempts to defend on tbe ground that a deed to said property was not tendered by tbe Montray Realty Company but by tbe appellant herein.
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Appeal from the circuit court of Lauderdale county. Hon. J. L. Buckley, Judge. Suit by the American Funding Corporation against A. J. Pennington. From a judgment for defendant, plaintiff appeals. The facts are fully stated in tbe opinion of the court. Tbe defendant, tbe appellee herein, attempts to defend on tbe ground that a deed to said property was not tendered by tbe Montray Realty Company but by tbe appellant herein. We would respectfully submit that neither of said attempted defenses can avail anything to tbe said appellee herein. It seems that said appellee relies on tbe case of Geo.…
1Opinion of the CourtReed, J.
This is an action brought in a justice of the peace court, by appellant, to recover the amount of certain promissory notes made by appellee. When the case was tried in the circuit court, upon appeal, after testimony for both sides had been introduced, the court refused a peremptory instruction in favor of appellant, and granted a peremptory instruction to find for appellee.
The record discloses that on March 8, 1911, appellee made application to the Montray Realty Company to purchase five lots on Long Island, New York. This application was confirmed, and contains the contract of sale. It shows…
2Cases cited3 opinions
- Kimbrough v. CurtisMississippi Supreme Court · 1874
- Mhoon v. WilkersonMississippi Supreme Court · 1873
- Boyce v. FrancisMississippi Supreme Court · 1879
3Cited by1 opinion
- Todd v. State BankSupreme Court of Iowa · 1917