Mississippi Supreme Court, 1916

Hobbs v. Herman Grocery Co.

Hobbs v. Herman Grocery Co.
Mississippi Supreme Court · Decided October 15, 1916 · Cook
113 Miss. 332; 74 So. 26

Hobbs v. Herman Grocery Co.

Opinion of the Court

Cook, P. J.,

delivered the opinion of the court.

We think that the jury would have been warranted in Believing that the Herman Grocer Company bought the peas from Hobbs & Buck. If that be true, the Herman Grocer Company became the debtor of Hobbs & Buck. It selected its creditor, and the creditor accepted its debtor. In this state of the case, section 4784, Code of 1906,- has no application, and the trial court erred in directing a verdict for defendant.

Reversed and remanded.

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