McNairy v. Gathings

Citations

• 52 Miss. 592

Syllabus

<p>1. Contract: Sale. Delivery of cotton. Case in judgment.</p> <p>G-. sold to M. 5,000 pounds of lint cotton for $3,000, and promised to gin and bale it, and received the money. M. was to furnish the rope and bagging. M. failed to furnish the bagging and rope, but demanded the cotton. Held, that-this was an absolute and unconditional contract of sale of 5,000 pounds of lint, cotton; that the'failure of M. to furnish the rope and bagging deprived him of the right to claim that G. should bale the cotton, but it did not affect his. claim on G-. to deliver the lint cotton.</p>