Howie v. Platt
Mississippi Supreme Court
Ebom the circuit court of Scott county. IíoN. JohN R. ENOCHS, Judge. Platt and another, appellants, were plaintiffs, and Howie and another, appellees, were defendants in the court below. Erom a judgment in plaintiffs’ favor, the defendants appealed to the supreme court. The suit was to recover on a written contract for the sale of cologne. The defense was that the contract had been procured by fraudulent representations.
Read the full summary
Ebom the circuit court of Scott county. IíoN. JohN R. ENOCHS, Judge. Platt and another, appellants, were plaintiffs, and Howie and another, appellees, were defendants in the court below. Erom a judgment in plaintiffs’ favor, the defendants appealed to the supreme court. The suit was to recover on a written contract for the sale of cologne. The defense was that the contract had been procured by fraudulent representations. The testimony for tbs defendants was to the effect that the salesman of plaintiffs tried to sell tbe goods to defendants, who refused to buy on the ground that they did not…
1Opinion of the Court
Whitfield, 0. J.,
delivered tbe opinion of the court.
It is said in Wren v. Hoffman, 41 Miss., 620, that “parol evidence may be admitted to show that the instrument is altogether void, or that it never had any legal existence or binding force, either by reason of fraud, or for want of due execution and delivery. This qualification of the rule applies to all contracts.” The court’s ruling in admitting the testimony showing that the contract was procured by fraud was therefore correct. It is one thing to attempt to vary, alter, or contradict the terms of a written contract once validly executed,…
2Cases cited1 opinion
- Wren v. HoffmanMississippi Supreme Court · 1868
3Cited by7 opinions
- J. I. Case Threshing MacH. Co. v. WebbCourt of Appeals of Texas · 1915
- Bankers' Trust Co. v. CalhounCourt of Appeals of Texas · 1919
- Orgill Bros. & Co. v. PolkMississippi Supreme Court · 1929
- Patton-Worsham Drug Co. v. Planters' Mercantile Co.Mississippi Supreme Court · 1905
- Dana v. Gulf & Ship Island R.Mississippi Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.