Flowers-Carruth Co. v. Moyse
Mississippi Supreme Court
From tbe circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Moyse and others, appellees, were plaintiffs in the court below; the FlowersrCarruth company, appellant, was defendant there. From a judgment in plaintiff’s favor for $150, defendant appealed to the supreme court. In January, 1906, the plaintiffs executed and delivered to one Oonnerly, an instrument in writing, in the following words: “State of Mississippi. “Pike County.
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From tbe circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Moyse and others, appellees, were plaintiffs in the court below; the FlowersrCarruth company, appellant, was defendant there. From a judgment in plaintiff’s favor for $150, defendant appealed to the supreme court. In January, 1906, the plaintiffs executed and delivered to one Oonnerly, an instrument in writing, in the following words: “State of Mississippi. “Pike County. “In consideration of $100.00 (one hundred dollars) cash in hand paid, we agree to sell and convey by warranty deed, to Oliver Oonnerly, the following…
1Opinion of the Court
Whiteibld, O. J.,
delivered the opinion of the court.
The plaintiffs were manifestly entitled to recover, but just as manifestly they were entitled to recover only the $70. If plaintiffs will remit down to that sum, the judgment will be affirmed; otherwise, it will be reversed, and the cause remanded.
Affirmed on remittitur.
2Cited by1 opinion
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