Mulholland v. Thomson-Houston Electric Co.

Citations

• 66 Miss. 339

Syllabus

<p>1. Steamboat. Mechanic’s lien. Electric light. Jurisdiction of circuit court.</p> <p>A plant for generating electric light on a steamboat is “ material furnished about the erection and construction, alteration or repairs ” of the boat within the meaning of $ 1378, code 1880, in relation to the lien of mechanics; and the circuit court has jurisdiction under this statute to enfore a lien on a . boat for material so furnished and attached to it as a part of the boat,</p> <p>2. Instructions. Contract price. Quantum valebat. Immaterial error.</p> <p>Where a contract is made for the sale of certain articles at a fixed sum, and a portion of the articles are delivered, the seller, though failing to deliver the others, is entitled to recover on a quantum valebat for the articles so delivered, if retained and used by the buyer; and a verdict for the reasonable value of such articles will not be disturbed, even if there are improper instructions for the plaintiff as to the contract price.</p>