Cases Argued and Decided in the Supreme Court of Mississippi Volume 113

Cases Argued and Decided in the Supreme Court of Mississippi Volume 113

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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. 1917 edition. Excerpt: ...good its guarantee by demonstration; that it would have performed its contract and made good its guarantee but for the failure and refusal of the defendant to make the test for the period of time named in the contract, under the direction and instruction of the plaintiff. The motion to strike from the files was an improper way to raise the objection to the pleadings, but, if the defects appeared upon the face, a demurrer should have been taken and the plaintiff given an opportunity to amend, if advised that such course was proper. We believe it was erroneous to refuse to admit the declaration of defendant's manager that the equipment was giving satisfaction and was increasing the boiler capacity of their plant, made to a third party. Defendant, being a corporation, must act through its agents, and the declaration of its manager, under the circumstances disclosed in this record, is a declaration of the corporation itself, in legal effect. In_ reference to the peremptory instruction given for the defendant, we think we have stated enough to show there was evidence which, if believed by the jury, would warrant a verdict for the plaintiff, even though the third count of the declaration was stricken out. It is our belief that the declaration, alleging performance of all the conditions on the part of plaintiff, was sufficient to show that its contract was regularly performed, when it performed to the extent that defendant would permit it to perform, and that the defendant could not use its own wrong in preventing a perf0rmance--which the plaintiff 's evidence tends to show that it did--to its own advantage; and if the evidence showed that the defendant's wrong prevented a performance, it could not, under the pleadings in more

Product details

  • Paperback | 340 pages
  • 189 x 246 x 18mm | 608g
  • United States
  • English
  • black & white illustrations
  • 1236891538
  • 9781236891532