Bryant v. Enochs Lumber & Manufacturing Co.
Mississippi Supreme Court
Bryant v. Enochs Lumber & Manufacturing Co., 94 Miss. 454 (Miss. 1909)
49 So. 113
Mayes
Bryant v. Enochs Lumber & Manufacturing Co.
Opinion of the Court
delivered the opinion of the court.
On the face of the account it appears that appellant is entitled to a credit of the freight on the lumber. The court instructed the jury peremptorily to find for plaintiff. Since the credit was not made on the account, and it appearing by the admission of plaintiff on the face of it' that appellant was entitled to a credit, the instruction was improper. We decide no other question in the case.
Nor this error the judgment is reversed and remanded.
Reference
- Full Case Name
- William C. Bryant v. Enochs Lumber & Manufacturing Company
- Status
- Published
- Syllabus
- Open Accounts. Oath to. Code 1906, § 1978. Unascertained credit. An open account showing on its face that the party charged is entitled to credit for an unascertained sum, although sworn to under Code 1906, § 1978, making a sworn- account in the absence of a counter affidavit prima facie evidence of its correctness, does not alone warrant a judgment in plaintiff’s favor for the aggregate amount of the items with interest.