Leon Michael Co. v. O'Connell-Myers Co.

Citations

• 115 Miss. 720
• 76 So. 637

Syllabus

<p>Compromise and Settlement. Question for jury. Construction.</p> <p>Where plaintiff sold goods on defendant’s order and defendant refused to pay for same, and plaintiff sued but the attorneys for both parties reached an understanding resulting in a judgment of dismissal, and the parties afterwards dif agreed as to the meaning of the settlement agrc.m°n and plaintiff brought a new action for the original amount, in such case it was i question for the jury as to what was the agreement and it was error to peremptorily instruct for the defendant, especially where defendant did not attempt to carry out the agreement for which it contended.</p>