Cobb v. Cole
Mississippi Supreme Court
Appeal from circuit court of Lauderdale county. Hon. J. I). Fathekee, Judge. Suit by Elliott Cobb against W. J. Cole. Verdict and judgment' in favor of the defendant., and the plaintiff appeals. Appellant, Elliott Cobb, sued appellee, W. J. Cole, in the circuit, court of Lauderdale county, setting out his case in a declaration of two counts. Appellee pleaded the general issue to both counts, and gave notice thereunder of an offset.
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Appeal from circuit court of Lauderdale county. Hon. J. I). Fathekee, Judge. Suit by Elliott Cobb against W. J. Cole. Verdict and judgment' in favor of the defendant., and the plaintiff appeals. Appellant, Elliott Cobb, sued appellee, W. J. Cole, in the circuit, court of Lauderdale county, setting out his case in a declaration of two counts. Appellee pleaded the general issue to both counts, and gave notice thereunder of an offset. There was a trial and a verdict and judgment for the appellee on his offset, from which judgment appellant prosecutes this appeal. The two counts of the…
1Opinion of the CourtAnderson, J.
(After stating the facts as above.) We have here a seller of lumber who admits that he failed to deliver to the purchaser the lumber in question according to contract, but contends that he was justified in so doing by reason of the fact that the purchaser, to whom he was indebted on open account in an amount not yet due, demanded of him a payment on account, to which demand he acceded. In other words, the appellee says he was justified in refusing to deliver the lumber to appellant according to contract, because appellant had first breached the contract by demanding payment of him, appellee,…
2Cases cited2 opinions
- Sussman, Wormser & Co. v. Sea Food Co.Mississippi Supreme Court · 1921
- Arthur Delapierre Co. v. Chickasaw Lumber Co.Mississippi Supreme Court · 1916