Gulfport Fertilizer Co. v. McMurphy
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit hy the Gulfport Fertilizer Company against J. A. McMurphy. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit hy the Gulfport Fertilizer Company against J. A. McMurphy. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The first ground in motion for new trial, alleges that the court erred in refusing to permit appellant to prove the custom of fertilizer companies as to terms and dates of settlement of accounts, in which action the court was clearly wrong, for witness Cochran qualified as an expert 'on such matters; counsel for appellant, sought by several questions…
1Opinion of the CourtSykes, J.
Suit was instituted by the appellant, Gulfport Fertilizer Company, against J. A. McMurphy, appellee, in the circuit court, for four hundred and fifty-one dollars and fifty cents, balance claimed to be due on an open account.
Defendant in the court below pleaded the general issue and a special plea setting out the fact that he had *257settled with defendant for all items on this account except those contained in the first two cars shipped to the defendant; that the two cars above mentioned were shipped to bim on consignment, with the understanding that he would deliver the fertilizer to certain…
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