Leek Milling Co. v. Langford
Mississippi Supreme Court
From the circuit court of Covington county. Hon. John R. Enochs, Judge. Langford, appellee, was plaintiff in the court below; the Leek Milling Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.
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From the circuit court of Covington county. Hon. John R. Enochs, Judge. Langford, appellee, was plaintiff in the court below; the Leek Milling Company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. The declaration alleges: That in November, 1901, plaintiff and defendant entered into a contract whereby plaintiff was to furnish one shingle machine, with saws and other enumerated attachments, and the defendant company was to furnish one with attachments; the two to be combined, and defendant to furnish the power to operate the…
1Opinion of the CourtWhitfield, C. J.
The instructions given for the appellee in this case are erroneous in failing to predicate the appellee’s right to recover upon his being able or in a condition to perform the covenants *731on his part contained in the contract, and in not advising the jury that the only damages that could be awarded were those which were the natural and proximate results of defendant’s failing to perform the covenants on its part, if it did so fail to perform them. There is very much in the evidence to suggest that the fact that the machinery bought by the appellee was levied upon and taken from him, from time…
2Cited by6 opinions
- Matheney v. McClainMississippi Supreme Court · 1964
- Olin Corporation, Plaintiff-Appellant-Cross v. Central Industries, Inc., Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1978
- Marshall County v. CallahanMississippi Supreme Court · 1922
- Louisville N.R. Co. v. BlairMississippi Supreme Court · 1929
- Napier v. SpielmannNew York Supreme Court · 1907
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