Cases Argued and Decided in the Supreme Court of Mississippi Volume 109

Cases Argued and Decided in the Supreme Court of Mississippi Volume 109

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...4% B. Air Line R. R. v. Wood (Ala.), 49 So. 426, holding that: "In an action by a mill owner for damages caused by the filling up of the mill pond with dirt thrown into it by a contract for a railroad, the contractor may not testify as to the terms of the contract under which he is working, without producing the contract or explaining its absence, since such contract might tend to change the liability of defendant, and was not purely collateral to the issue." Tally 6 Mag/son, for appellee. The case was tried in the court below and after all the testimony was in the court gave a peremptory instruction to the appellee. That was manifestly correct, as that was all that could legally be done under the circumstances. We respectfully submit that a perusal of the record will show that the court rendered the only judgment that could properly be rendered under the facts in the case. Of course, if Bixler could vary the written contract entered into and read into the said contract his contentions about the mortgage indebtedness although appellee knew nothing thereof, he might be permitted to prevail in this suit. His contentions though, as we see it, are really without merit. The appellee was entitled to recover on the actual physical value of the plant without reference to whether it was or was not encumbered in mortgage. It was the plant that he sold not mortgages. It was the property of the plant together with the good will, etc. that he sold at a certain price with certain commissions to be paid him on the consummation of the sale. He brought the parties together; caused a sale to be consummated and is now entitled to his commission. SMITH, C. J., delivered the opinion of the court. The rule which forbids the varying of more

Product details

  • Paperback | 334 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236890264
  • 9781236890269