Legal Opinion · Dissent

Sumter Lbr. Co. Inc. v. Skipper

Mississippi Supreme Court

Decided November 7, 1938No. 33276Published

1Dissent

I cannot agree with the construction put upon the contract as stated in the opinion of Judge ANDERSON. The contract cannot be segregated, but must be taken as an entirety, and its meaning determined from all of its parts construed together, giving to its words their plain and commonly accepted meaning.

The effect of the majority opinion is to read out of the original contract the words, "It is understood and agreed that the Sumter Lumber Company will release the land as quickly as possible before the expiration of ten years, in the event the timber cannot be removed before the expiration of…

2Cases cited16 opinions

  1. Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
  2. Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
  3. Dunn v. StrattonMississippi Supreme Court · 1931
  4. Gulf S.I.R. Co. v. PattenMississippi Supreme Court · 1938
  5. Hart v. GardnerMississippi Supreme Court · 1896

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