Menge & Sons v. Gulf & Ship Island Railroad
Cases that cite this one
2 later published cases cite this decision.
- Smith v. American National Insurance (Miss. 1962)
- Aetna Life Ins. Co. v. Thomas (Miss. 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.