Nixons v. Bullock, Erwin & Co.
Nixons v. Bullock, Erwin & Co.
Opinion of the Court
delivered the opinion of the court.
The first question is as to the correctness of the decision sustaining the demurrer to the two first pleas. We have no doubt, but that the law was correctly adjudged. To make these pleas good, there should have been an averment, that they, the defendants, or their intestate, were ready on the day specified in the contract to deliver the cotton; that neither the plaintiffs, nor any person for them, were present during the day to receive the same, and that they have always since been ready to deliver the same. This point has been determined in the case of Waters and McAllister, 4 Haywood: and Tiernan v. Napier, Pecks Rep. 189, which leaves the question no longer debatable.
The 2nd question is, as to the correctness of the verdict of the jury, on the issue, upon the plea of fully administered. Tho finding is a general one against the plea, without as-
The judgment will therefore be reversed, and the case- re manded for further proceedings.
Judgment reversed.
Reference
- Full Case Name
- Nixons Admr's. v. Bullock, Erwin & Co.
- Status
- Published