Patton-Worsham Drug Co. v. Planters' Mercantile Co.
Mississippi Supreme Court
Prom the circuit court of Bolivar county. Hon. A. McC. Kimbrough, Judge. The Patton-Worsham Drug Company, appellant, was plaintiff, and the Planters’ Mercantile Company, appellee, defendant in the court below. .Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The opinion of the court- states the facts of the case.
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Prom the circuit court of Bolivar county. Hon. A. McC. Kimbrough, Judge. The Patton-Worsham Drug Company, appellant, was plaintiff, and the Planters’ Mercantile Company, appellee, defendant in the court below. .Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The opinion of the court- states the facts of the case. It is too well settled to require citation of authorities that where there is an effective written contract there can be no verbal one, and that parol contemporaneous evidence is inadmissible to contradict or vary the terms of a written instrument,…
1Opinion of the CourtCox, J.
This suit, brought originally in the justice’s court, was tried on appeal in the circuit court. It was for the recovery of the price of “three gross oxidine” ordered by appellee of appellant. The order was made upon a blank, furnished doubtless by appellant, which recites that: “All understandings, conditions, and agreements between the buyer and the salesman must be stated in the order. Yerbal agreements with the salesman and failure to read the terms of the order will not be recognized as a basis for claims.” The verdict was for defendant.
The court permitted the introduction of evidence to…
2Cases cited1 opinion
- Howie v. PlattMississippi Supreme Court · 1903
3Cited by4 opinions
- Henry v. W. T. Rawleigh Co.Mississippi Supreme Court · 1929
- Orgill Bros. & Co. v. PolkMississippi Supreme Court · 1929
- Dana v. Gulf & Ship Island R.Mississippi Supreme Court · 1913
- Columbia Milling Co. v. Russell Co.Mississippi Supreme Court · 1906