Sussman, Wormser & Co. v. Sea Food Co.
Mississippi Supreme Court
Appeal from circuit court of Harrison county. Hon. D. M. Graham, Judge. Suit by Sussman, Wormser & Co. against the Sea Food Company. Judgment for defendant, and plaintiffs appeal.
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Appeal from circuit court of Harrison county. Hon. D. M. Graham, Judge. Suit by Sussman, Wormser & Co. against the Sea Food Company. Judgment for defendant, and plaintiffs appeal. Appellants, a wholesale grocery concern in San Francisco, sued the appellee, a Mississippi corporation engaged in gathering, canning, and selling oysters and- other sea food, in the circuit court of Harrison county, for four thousand dollars, claimed to have been lost by appellants on account of an alleged breach by the appellee of a contract between the parties for the sale by the appellee to the appellants of a…
1Opinion of the CourtAnderson, J.
(After stating the facts as above.) Appellee’s contention is that it was excused from delivery in January and *430February, 1917, under paragraphs 1 and 6 of the “conditions” to the contract; and that the correspondence relied on as extending the time of delivery, and condoning the delay by appellants in forwarding specifications to appel-lee as provided in paragraph 7 of the “conditions,” was a novation of the contract for which there was no consideration, and therefore not binding on appellee; and apparently the trial court took that view. In order for a contract for the sale of goods to be…
2Cases cited6 opinions
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Roberts v. BenjaminSupreme Court of the United States · 1888
- Bacon v. CobbIllinois Supreme Court · 1867
- W. F. Covington Mfg. Co. v. FergusonSupreme Court of Alabama · 1920
- Crescent City Mfg. Co. v. SlatterySupreme Court of Louisiana · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hoerner v. First National Bank of JacksonMississippi Supreme Court · 1971
- Wilson & Co. v. Fremont Cake & Meal Co.Nebraska Supreme Court · 1950
- Mississippi Motor Finance, Inc. v. EnisMississippi Supreme Court · 1966
- Sussman, Wormser & Co. v. Sea Food Co.Mississippi Supreme Court · 1922
- Stoner & Co. v. Blocton Export Coar Co.Mississippi Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.