Fox v. Baggett

Citations

• 101 Miss. 519
• 58 So. 481

Syllabus

<p>1. Sales. Warranty. Waiver of breach. Evidence. Necessity of objection.</p> <p>Where a buyer purchased a certain amount of cotton seed cake to be delivered to him at a certain point, quantity and quality being guaranteed by the seller, at destination and the buyer paid for more cotton seed cake than he received, he was entitled to collect from the seller the excess so paid.</p> <p>2. Same.</p> <p>In such case it is-immaterial that the cotton seed cake which was shipped loose in cars, was sacked by the buyer before it was weighed or that it was removed before it was delivered tq the buyer at destination, if it sufficiently appears that all of the cake which reached the destination was sacked and weighed by the buyer.</p> <p>S. Appeal and Eeboe. Evidence. Necessity of objection.</p> <p>Where no objection was made to the ,introduction of evidence in the court below, error in its admission is waived.</p>