Evans-Terry Co. v. Liberty Mills
Mississippi Supreme Court
Appeal from circuit court of Jones county. Hon. R. S. Hall, Judge. Suit by the Liberty Mills against the Evans-Terry Company. Verdict and judgment for plaintiff, and the defendant appeals. In examining the question as to whether the railroad company was the agent of the shipper, or the purchaser, it is pertinent to look into the question of the place of delivery.
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Appeal from circuit court of Jones county. Hon. R. S. Hall, Judge. Suit by the Liberty Mills against the Evans-Terry Company. Verdict and judgment for plaintiff, and the defendant appeals. In examining the question as to whether the railroad company was the agent of the shipper, or the purchaser, it is pertinent to look into the question of the place of delivery. If the point of destination is the place of delivery, then beyond a doubt, the railroad company is the agent of the shipper and not the purchaser. I do not know of a single exception to this rule. (35th Cyc. 332.) The only case I…
1Opinion of the CourtSmith, C. J.
The appellant, the Evans-Terry Company, is engaged in the wholesale grocery business at Laurel, Miss. The ap-pellee, Liberty Mills, operates a flour mill at Nashville, Tenn., and sells the flour milled therein to the wholesale trade. T. C. Thompson is a broker doing business at Laurel and is -the appellee’s authorized agent for the sale of its flour to the extent of soliciting orders therefor and forwarding them to the appellee for confirmation. The price quoted by the appellee to its customers for its flour and that at which the flour here in question was sold included the transportation…
2Cases cited1 opinion
- D. Rosenbaum's Sons v. Davis & Andrews Co.Mississippi Supreme Court · 1916