Troublefield v. Heyward
Troublefield v. Heyward
Opinion of the Court
The opinion of the Court was delivered by
This is an action for damages, and the question in the case is whether the exhibits constitute an asignment of the contract, which the plaintiff had previously made with Banks-Wimberly Company.
Exhibits 2 and 3 formed parts of the same contract. Exhibit 2 contains this provision:
“On receipt of buyer’s acceptance seller agrees to give order on the Banks-Wimberly Co., original shippers, for the above goods to be billed buyers, at $33.50 per ton.”
Exhibit 3 contains the order, in which the plaintiff forfeited all rights, interest, and titles in the meal, and transferred same to the defendants.
In exhibit 19, containing the letter written to the BanksWimberly Company by the defendants, they say:
“We have bought from W. J. Troublefield 150 tons of meal and he has given us the letter we inclose, transferring contracts between you and himself covering this amount of meal.”
These writings manifest an intention on the part of the plaintiff to make an assignment of his contract and show that it was so understood by the defendants.
There was, therefore, no error on the part of his Honor, the presiding Judge, in directing the jury to render a verdict in favor of the plaintiff.
*295 Having reached this conclusion, it becomes unnecessary to consider the other questions presented by the exceptions.
Affirmed.
Reference
- Full Case Name
- Troublefield v. Heyward Et Al.
- Status
- Published
- Syllabus
- Assignments — Assignment by Buyer — Intention. — Parts of contract between buyer of cotton seed meal and assignees of his rights, con-, tabling order in which buyer forfeited all rights, interests, and titles in the meal and transferred them,. also letter written to seller by assignees, held to constitute assignment of buyer’s contract, showing his intention and that of assignees.