A. J. Higgins Lumber & Export Co. v. Price
Mississippi Supreme Court
Appeal from the circuit court of Marrion county. IioN. A. E. Weathersby, Judge. Suit by A. J. Higgins Lumber and Export Company against F. V. B. Price. Suit dismissed, and plaintiff appeals. The facts are fully stated in the opinion of the court.
1Opinion of the CourtCook, P. J.
Appellant was engaged in the business of purchasing lumber for resale. Upon the receipt of orders the appellant would go into the market and make contracts for the lumber at fixed prices, and with this in hand the company would fix prices to its customers. •
In the instant case appellant had received an order for certain lumber át a fixed price, and he then made a contract with the appellee for this lumber at an agreed price. The declaration averred that appellee failed and refused to deliver the lumber according to his contract, and appellant was forced to go into the market and buy the…
2Cited by4 opinions
- Harkins v. PaschallMississippi Supreme Court · 1977
- Williams v. WhitfieldMississippi Supreme Court · 1964
- Keathley v. HancockMississippi Supreme Court · 1951
- Smithers v. Metropolitan Discount Co.Mississippi Supreme Court · 1921