Mulholland v. Thomson-Houston Electric Co.
Mississippi Supreme Court
Mulholland v. Thomson-Houston Electric Co., 66 Miss. 339 (Miss. 1889)
Cooper
Mulholland v. Thomson-Houston Electric Co.
Opinion of the Court
delivered the opinion of the court.
The plant furnished by the appellees for the creation and distribution of electric lights, is “ material furnished about the erection and construction, alteration or repairs” of the boat “Lake Washington,” within the meaning of § 1378, of the code.of 1880.
Lights are essential to the business in which the boat engages, and the articles supplied were intended as a permanent part of the boat, and are attached to it and part of it.
The case was fairly submitted to the jury, and the verdict being
The judgment is affirmed.
Reference
- Full Case Name
- J. I. Mulholland v. The Thomson-Houston Electric Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Steamboat. Mechanic’s lien. Electric light. Jurisdiction of circuit court. A plant for generating electric light on a steamboat is “ material furnished about the erection and construction, alteration or repairs ” of the boat within the meaning of $ 1378, code 1880, in relation to the lien of mechanics; and the circuit court has jurisdiction under this statute to enfore a lien on a . boat for material so furnished and attached to it as a part of the boat, 2. Instructions. Contract price. Quantum valebat. Immaterial error. Where a contract is made for the sale of certain articles at a fixed sum, and a portion of the articles are delivered, the seller, though failing to deliver the others, is entitled to recover on a quantum valebat for the articles so delivered, if retained and used by the buyer; and a verdict for the reasonable value of such articles will not be disturbed, even if there are improper instructions for the plaintiff as to the contract price.