Isydore Strauss & Son v. National Parlor Furniture Co.
Mississippi Supreme Court
From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. The National Parlor Furniture Co., the appellee, was the plaintiff in the court below. Isydore Strauss & Son, of Montgomery, Ala. (defendants in the court below, and now appellants), by their purchasing agent, Harry Strauss, bought of appellee, in Chicago, certain furniture.
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From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. The National Parlor Furniture Co., the appellee, was the plaintiff in the court below. Isydore Strauss & Son, of Montgomery, Ala. (defendants in the court below, and now appellants), by their purchasing agent, Harry Strauss, bought of appellee, in Chicago, certain furniture. They had bought other goods in and near Chicago, and the appellee, by the direction of Harry Strauss, shipped all these goods in one car to Strauss & Son. On receipt of the invoice, before the arrival of the goods, Strauss & Sons wrote…
1Opinion of the CourtWhitfield, J.
The testimony given in behalf of the defendants (appellants here) was to the effect that they bought certain designated goods of specified quantity and quality, at specified prices; that the goods received in Montgomery were inferior in quality, being in many instances filled with tow and excelsior, when the contract called for hair; that one set of furniture was so much smaller than the set bought as to be absolutely unmerchantable; that several sets received were never bought, and that these were shipped by plaintiff, in the consignment, mixed with others that had been ordered from…
2Cases cited3 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Swann v. WestMississippi Supreme Court · 1866
- Hambrick v. WilkinsMississippi Supreme Court · 1887
3Cited by8 opinions
- Adkins-Polk Co. v. John Barkley & Co.Court of Appeals of Texas · 1927
- Peninsula Truck Lines, Inc. v. TookerWashington Supreme Court · 1964
- Sanitary Mfg. Co. v. GamerCourt of Appeals of Texas · 1918
- Norman Lumber Co. v. Keystone Manufacturing Co.West Virginia Supreme Court · 1925
- Barnett v. PerrineCourt of Appeals of Texas · 1923
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