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The Southern Reporter Volume 37

The Southern Reporter Volume 37


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...having purchased in good faith, for an adequate consideration, before service of process upon the defendant must be protected in its title. As not being necessarily before the court for consideration, we intimate no opinion as to when a suit is begun, within the purview of chapter 85, or from what date a lis pendens notice properly filed thereunder takes effect The decree is affirmed. E. T. BURROWES CO. v. CRITTENDEN. (Supreme Court of Mississippi. Dec. 12, 1904.) CONTRACTS--PERFORMANCE--QUESTION FOB JURY--ACTIONS--PREMATURE COMMENCEMENT. 1. Plaintiff contracted to furnish defendant with screen windows and doors for his house. The work was done, except that one screen did not fit; and the evidence was conflicting as to whether or not the screen answered all the purposes for which it was intended, as to keeping out insects, etc., and as to whether defendant made complaint of the defect. Held, that whether the contract was substantially performed, notwithstanding the defect in the window screen, was a question for the jury. 2. Where a contract to supply a house with window screens provided that the screens were to be paid for in six months after the time they were fitted, if satisfactory and according to description, and one of the screens furnished was defective, an action brought within six months after the defect was remedied was brought prematurely, if the defect before it was remedied was such that the contract was not substantially performed; otherwise the action, when brought more than six months after the original screens, including the defective one, were supplied, was not premature. Appeal from Circuit Court, Washington County; A. McC. Kimbrough, Judge. Action by the E. T. Burrowes Company against O. B. Crittenden. From a judgment for defendant plai...


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Product Details
  • ISBN-13: 9781130255935
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 982
  • Spine Width: 49 mm
  • Width: 189 mm
  • ISBN-10: 113025593X
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1715 gr


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