Ganong v. Brown
Mississippi Supreme Court
From the circuit court of Grenada county. IIon. I. T. Dunn, Judge. Ganong and others, copartners under the firm name of Ganong & Ohenoweth, the appellees, were the plaintiffs in the court below. Brown, tbe appellee, was defendant there. From a judgment in favor of defendants tbe plaintiffs appealed to tbe supreme court.
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From the circuit court of Grenada county. IIon. I. T. Dunn, Judge. Ganong and others, copartners under the firm name of Ganong & Ohenoweth, the appellees, were the plaintiffs in the court below. Brown, tbe appellee, was defendant there. From a judgment in favor of defendants tbe plaintiffs appealed to tbe supreme court. Ganong & Chenoweth made a contract with Brown to paint and paper a bouse, the contract providing that tbe work was “to be completed in good, workmanlike style for tbe amount set opposite, $Pf 5.....Work to begin and to be finished as soon as possible.” While plaintiffs were…
1Opinion of the Court
Whitfield, O. J.,
'delivered the opinion of the court.
We do not think the contract in this case was an entire one. We approve the statement of the law on this subject announced in Baily v. DeCrespany, L. R., 4, Q. B., 180, which is as follows: “Whether a contract is entire or divisible cannot be determined by a single term, phrase or sentence, though the same be large enough to include such meaning, unless throughout the whole agreement, the surrounding circumstances, and good sense and justice of the case it definitely appears that it was the intention of the parties to the contract that it…
2Cases cited2 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Cook v. McCabeWisconsin Supreme Court · 1881
3Cited by7 opinions
- York v. Georgia-Pacific Corp.District Court, N.D. Mississippi · 1984
- Bullard v. Citizens' Nat. BankMississippi Supreme Court · 1935
- White v. Exchange Corp.District Court of Appeal of Florida · 1964
- Clark v. TillMississippi Supreme Court · 1937
- Bell-Burke Oil Co. v. O'NeilCourt of Appeals of Texas · 1922
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