Bolling v. Red Snapper Sauce Co.

Citations

• 97 Miss. 785
• 53 So. 394

Syllabus

<p>1. Trial. Peremptory instruction. When proper.</p> <p>A peremptory instruction for defendant is proper only when there is no testimony tending to prove plaintiff’s case.</p> <p>2. Contracts. Breach by plaintiff. When not bar to recovery.</p> <p>The plaintiff’s failure to fully comply with the terms of a contract will not preclude him from recovering for a breach of it by defendant, where plaintiff’s failure was caused by defendant’s breach.</p>