Williams v. Luckett
Mississippi Supreme Court
Feom the circuit court of Yazoo county. FIoN. Robert Powell, Judge. The appellee, Luckett, was the plaintiff in the court below; appellant, Williams, was the defendant there. The facts are stated in the opinion of the court. The contract being an entirety, only one recovery can be rightfully had for its breach. State v. Morrison, 60 Hiss., 74; Hanes v. Planters, etc., Association, 55 Hiss., 654; Butt v. Williams, 15 So. Pep.
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Feom the circuit court of Yazoo county. FIoN. Robert Powell, Judge. The appellee, Luckett, was the plaintiff in the court below; appellant, Williams, was the defendant there. The facts are stated in the opinion of the court. The contract being an entirety, only one recovery can be rightfully had for its breach. State v. Morrison, 60 Hiss., 74; Hanes v. Planters, etc., Association, 55 Hiss., 654; Butt v. Williams, 15 So. Pep. (Hiss.), 130. The case of Armfield v. Nash, 31 Miss., 361, stands alone in our reports, and has never been cited as authority by this court in any subsequent case. It…
1Opinion of the Court
TeReal, J.,
delivered tbe opinion of the court.
Duckett sued Williams in a justice court for $190.15, and obtained judgment for that sum.
On appeal to the circuit court he again recovered a verdict for the same sum upon a peremptory instruction, and had judgment for that amount.
Upon the trial the plaintiff testified that he and the defendant made a contract by which the defendant agreed to employ him for one year, commencing September 1, 1898, and ending September 1, 1899, at a salary of $50 per month, payable monthly; that defendant discharged plaintiff from his employ on Monday morning, the 2d…
2Cases cited4 opinions
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- Isaacs v. DaviesSupreme Court of Georgia · 1881
- Armfield v. NashMississippi Supreme Court · 1856
- Davis v. HartMississippi Supreme Court · 1889
3Cited by5 opinions
- Short v. Columbus Rubber and Gasket Co.Mississippi Supreme Court · 1988
- Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
- Moore v. Illinois Cent. R.Court of Appeals for the Fifth Circuit · 1943
- Thorne v. True-Hixon Lumber Co.Mississippi Supreme Court · 1933
- United States Fidelity & Guaranty Co. v. Tate CountyMississippi Supreme Court · 1917