Wachstetter v. Brown
Mississippi Supreme Court
Appeal from the circuit court of Hancock county. Hon. T. Hi Barrett, Judge. Action, of replevin by L. A. Wachstetter against H. W. Brown for a launch. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The action of the court in granting a peremptory in•struction to find for the appellee is manifestly erroneous, in view of the testimony.
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Appeal from the circuit court of Hancock county. Hon. T. Hi Barrett, Judge. Action, of replevin by L. A. Wachstetter against H. W. Brown for a launch. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. The action of the court in granting a peremptory in•struction to find for the appellee is manifestly erroneous, in view of the testimony. It is insisted by appellee that the contract is within the statute of frauds and comes within Sec. 4779 of the Code of 1906, which is as follows: Sales of personal property: A contract for the sale of any…
1Opinion of the CourtCook, J.
Appellant instituted an action of replevin against appellee for the recovery of a gasoline launch. On the trial, the jury were peremptorily instructed to find for the defendant.
*552L. A. Waehstetter was the owner of an automobile, and H. W. Brown the owner of a launch. Brown called at the home of Wachstetter, and, after an inspection of the automobile, offered to exchange the launch for the automobile. Wachstetter agreed, provided the launch was what Brown represented it to be; so it was agreed that Wachstetter was to go to Logtown, Miss., and there inspect the launch. He did go, arrriving there…
2Cases cited2 opinions
- City of Jackson v. ShlombergMississippi Supreme Court · 1892
- Berry v. WatermanMississippi Supreme Court · 1893