Hoye v. Newton Lumber & Manufacturing Co.
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Newton Lumber & Manufacturing Company against H. W. Hoye. From a judgment for plaintiff, defendant appeals. This suit is based upon various items of lumber sold by the plaintiff to the defendant and an itemized account is sworn to; the trial having been commenced in the court of a justice of the peace.
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Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Suit by Newton Lumber & Manufacturing Company against H. W. Hoye. From a judgment for plaintiff, defendant appeals. This suit is based upon various items of lumber sold by the plaintiff to the defendant and an itemized account is sworn to; the trial having been commenced in the court of a justice of the peace. There was a counter affidavit denying liability, and setting up certain erroneous items and overcharges.. On the trial in the circuit court, the books of the plaintiff were not produced; but "W. A. Brown, the…
1Opinion of the CourtMayes, C. J.
The testimony of Brown as to what the boohs showed was clearly incompetent in this case, and should have been excluded. The , best evidence was the books, and they should have been produced. If it be true that the only question involved was one of overcharge, and that the items themselves, as shown on the copy of the account sued on, were not denied in the counter affidavit, it is still true that the question of overcharge involved the books, since the copy of the account showed the price per thousand charged for the lumber, and this was denied. If the books had been produced, we cannot say…
2Cited by1 opinion
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