McKee v. Jones
Mississippi Supreme Court
From the circuit court of Wilkiuson county. Hon. Ralph North, Judge. J. Y. Jones brought this suit against E. F. McKee to recover the value of certain horses and mules, which he claims died of the glanders imparted to them by a horse which he purchased of McKee. Plaintiff offered to show that on- a certain Sunday, McKee called at his home in the state of Louisiana, having two horses which he offered for sale.
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From the circuit court of Wilkiuson county. Hon. Ralph North, Judge. J. Y. Jones brought this suit against E. F. McKee to recover the value of certain horses and mules, which he claims died of the glanders imparted to them by a horse which he purchased of McKee. Plaintiff offered to show that on- a certain Sunday, McKee called at his home in the state of Louisiana, having two horses which he offered for sale. After examining the horses, he noticed that one of them had a cough, and called attention' to it, expressing the fear that it had the glanders and if he bought it his other stock might…
1Opinion of the CourtCampbell, J.
As the sale in Louisiana was not invalid because made on Sunday, the defense on that ground is not available in. this state. Therefore, the judgment in respect whereof complaint is made as to the validity of the contract is unassailable.
The coui't ruled erroneously, in. holding that the seller of the horse was exempt from liability for damages, as alleged, because of a want of knowledge by him that the horse had the disease specially guaranteed against. Civil Code of La., art. 2503. This provides that, “ The parties may, by particular agreement, add to the obligation of the warranty, which…
2Cited by4 opinions
- Maisch v. MaischSupreme Court of Connecticut · 1913
- Shaw v. Postal Telegraph & Cable Co.Mississippi Supreme Court · 1901
- Stamps v. FrostMississippi Supreme Court · 1935
- Glover v. HolmanCourt of Appeals of Tennessee · 1927