Dulaney v. Jones & Rogers

Citations

• 100 Miss. 835
• 57 So. 225

Syllabus

<p>1. Sales. Implied warranty of soundness. Suit for purchase price.</p> <p>There is an implied warranty of soundness in the case’ of the sale of provisions intended for human food, hut with food for other purposes there is no implied warranty of soundness.</p> <p>2. Sales. Action for price. Pleading.</p> <p>Where the seller sues for the purchase price of feed for animals, and the purchaser pleads that it was sold for that purpose and that it was so decayed as to he unfit to feed animals and was worthless, such a plea is equivalent to. a plea of total failure of consideration, and states a good defense as against a demurrer.</p> <p>3. Same.</p> <p>The law does not imply a promise to pay for goods that are worthless and of no value. In such case there is a total failure of consideration.</p> <p>4.. Same.</p> <p>If the articles purchased are worthless and of no value at all, the purchaser is not required even to return or to offer to return them. This principle, however, does not apply in a case where a person buys ‘‘a pig in a bag or a cat in a sack.” In such case a purchaser must stand upon his contract.</p>