Gillaspy v. International Harvester Co. of America
Mississippi Supreme Court
Appeal from tlie circuit court of Newton county. Hon. O. L. Dobbs, Judge. Suit by J. W. Gillaspy, trustee in bankruptcy of tbe Decatur Hardware Company against tbe International Harvester Company of America. From a judgment for defendant, plaintiff appeals. Appellant was plaintiff in tbe court below, and appellee was defendant. From a judgment for defendant, plaintiff appeals.
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Appeal from tlie circuit court of Newton county. Hon. O. L. Dobbs, Judge. Suit by J. W. Gillaspy, trustee in bankruptcy of tbe Decatur Hardware Company against tbe International Harvester Company of America. From a judgment for defendant, plaintiff appeals. Appellant was plaintiff in tbe court below, and appellee was defendant. From a judgment for defendant, plaintiff appeals. Section 4784, referred to in the opinion, is as follows: “If a person shall transact business as a trader or otherwise, with the addition of the words ‘agent,’ ‘factor,’ ‘and company,’ or ‘So Co.,’ or like words, and…
1Opinion of the CourtCook, J.
It appears from the record that the Decatur Hardware Company was doing a mercantile business at Decatur in this state. The business conducted by this company was, generally speaking, a retail hardware business. In this connection, the International Harvester Company, manufacturer of agricultural implements and oil engines, had constituted the Decatur Hardware Company its local agent, and in the regular course of business the harvester company had shipped its products to the hardware company to be sold under the terms of its agency contract. It appears that the hardware company conceived the…
2Cases cited1 opinion
- Norris v. TrenholmCourt of Appeals for the Fifth Circuit · 1913
3Cited by8 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Nusbaum v. City Bank & Trust Co.Supreme Court of Virginia · 1922
- Young v. TerryMississippi Supreme Court · 1922
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Rome Mfg. Co. v. BaileyDistrict Court, S.D. Mississippi · 1931
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