Chism Bros. v. Alcorn

Citations

• 71 Miss. 506

Syllabus

<p>Variance. Action on promise. Breach of different agreement.</p> <p>In an action against a landlord and his tenant to recover the price of goods sold to the tenant alone, the landlord cannot he held liable upon proof, not that he promised to pay the account, but merely to waive in plaintiff’s favor his landlord’s lien on the tenant’s crop, and afterwards appropriated the same. Whether the landlord would be liable in another form of action for the damage to plaintiff, is not decided.</p>