Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.
Mississippi Supreme Court
From tbe chancery court of Jackson county. HoN. "W. T. HoustoN, Chancellor. Bill by the Ross-Meehan Brake Shoe Foundry Company, as assignee of a note secured by a lien on personal property sold the Pascagoula Ice Company.
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From tbe chancery court of Jackson county. HoN. "W. T. HoustoN, Chancellor. Bill by the Ross-Meehan Brake Shoe Foundry Company, as assignee of a note secured by a lien on personal property sold the Pascagoula Ice Company. The stipulation in the written contract referred to in the last paragraph of the opinion, is as follows: “The party of the first part hereby agrees to replace, at their cost, any part of the said machinery and outfit which may break or give way within two years from its delivery, provided said break is caused by any weakness or defect. ’ ’ The opinion contains a further…
1Opinion of the CourtCooper, C. J.
Nothing is presented by this appeal, except the question, whether, on the facts stated by the complainant, the cause is one of equitable jurisdiction.
The facts are, that the Southern Ice Machine Company sold to the Pascagoula Ice Company an ice machine, under a contract by which it was provided that the machine was to be erected and put in operation by the seller, in a house to be built by the purchaser in the town of Scranton. The machine was to be paid for partly in cash and partly in installments of six and twelve months. The contract contained provisions as follows: “ It is further agreed…
2Cases cited3 opinions
- Dederick v. WolfeMississippi Supreme Court · 1891
- Duke v. ShacklefordMississippi Supreme Court · 1879
- Kausler v. FordMississippi Supreme Court · 1872
3Cited by33 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Landigan v. MayerOregon Supreme Court · 1898
- Quality Clothes Shop v. KeeneyIndiana Court of Appeals · 1914
- In re Bettman-Johnson Co.Court of Appeals for the Sixth Circuit · 1918
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