Menge & Sons v. Gulf & Ship Island Railroad
This text of 53 So. 424 (Menge & Sons v. Gulf & Ship Island Railroad) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the court.
Appellee, having voluntarily paid for the coil of rope with full knowledge that it was not of the diameter purchased, if the fact be, as claimed by appellee, that it was not of such diameter, and- after having been advised by appellant -that it would not agree to return of same, cannot now set-off the amount paid appellant for this rope against the amount due appellant for the purchase of other articles. Anderson v. Western Union Tel. Co., 77 Miss. 851, 27 South. 838. The peremptory instruction requested by appellant ought, therefore, to have been given.
Reversed and remanded.
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53 So. 424, 97 Miss. 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menge-sons-v-gulf-ship-island-railroad-miss-1910.