Fox v. Baggett
Mississippi Supreme Court
Appeal from the circuit court of Lafayette county. Hon. W. A. Roane, Judge. Suit hy C. B. Fox against Lee Baggett. From a judgment for defendant, plaintiff appeals. The appellant was plaintiff in the court below, and appellee was defendant.
Read the full summary
Appeal from the circuit court of Lafayette county. Hon. W. A. Roane, Judge. Suit hy C. B. Fox against Lee Baggett. From a judgment for defendant, plaintiff appeals. The appellant was plaintiff in the court below, and appellee was defendant. The declaration alleged that plaintiff purchased of defendant, one hundred and fifty tons of loose cotton seed cake at twenty-three dollars a ton of two thousand, two hundred and forty pounds, to be delivered at Shipside Terminals, New Orleans, La., weights and quality guaranteed by seller at American destination.” In accordance with this contract, three…
1Opinion of the CourtSmith, J.
If the evidence introduced by appellant in the court below be true, he paid for more cotton seed cake than he received, and, consequently, he is entitled to collect from appellee the excess so paid by him. It is immaterial that the cotton seed cake which was shipped loose in cars was sacked by appellant before it was weighed, and it is immaterial that it was removed from the cars in which it was originally shipped before it was delivered to appellant at Shipside, for it sufficiently appears that all of the cake which reached New Orleans was sacked and weighed by appellant.
It may be that some…
2Cited by1 opinion
- Cannady's Used Cars v. DowlingMississippi Supreme Court · 1954