Morrimac Veneer Co. v. McCalip

Citations

• 129 Miss. 671
• 92 So. 817

Syllabus

<p>1. Constitutional Law. Venue. State may provide different rules between citizens and corporations as to change of venue where not affecting any material liability without violating the federal Constitution.</p> <p>Chapter 149, Laws 1918 (Hemingway’s Supp. 1931, § 486), providing for a change of venue to a resident citizen who is sued out of the county of his household and residence, and denying such a change to a corporation, does not violate the Fourteenth Amendment to the Constitution of the United States, as it does not affect any vital right, and is a mere matter of practice for the convenience of natural persons who are householders and residents of a county. The state may provide different rules as to venue, between citizens and corporations where it does not affect any material defense or liability.</p> <p>3. Appeal and Error. Instruction that measure of damages is difference betivecn contract price and market price of - logs cut and delivered and amount plaintiff would have made for cutting timber left standing held not ground for reversal.</p> <p>It is not reversible error to give an instruction to a plaintiff in a suit for damages for breach of contract that the jury may find for the plaintiff, if the jury believe from the evidence the defendant breached, its contract, the difference in the contract price and the market price for logs cut and delivered on the railroad, and also the amount plaintiff would have made for cutting timber left standing as a result of such breach, where the jury did not find anything as damages for the uncut timber even though the evidence may not show with sufficient certainty how much had been delivered and paid for, so as to make the amount due to be cut under a contract appear with reasonable certainty.</p>