New Orleans, Jackson & Great Northern Railroad v. Pressley, Greer & Co.

Citations

• 45 Miss. 66

Syllabus

<p>1. Evidence—unstamped instruments may be stamped when oeeered as evidence.—Where the party offering in evidence an instrument required by act of congress to be stamped, upon objection made for want of a stamp, offers then to affix the requisite stamp, it is error to refuse permission to stamp it and read it in evidence.</p> <p>3. Supreme court wild not notice errors, not on the record.— Where a motion for a new trial appears on the record, but the record is silent as to what disposition was made of it, this court will not notice a refusal to grant the new trial.</p> <p>3. Express contract excludes implied one.—If there is an express contract, the plaintiff cannot recover on an implied one.</p> <p>4 Special contract—pleading- — common counts.—If there be a special contract, in writing or verbal, the plaintiff cannot employ the common counts, unless the special agreement has been executed or completely performed.</p> <p>5. Same—same—indebitatus assumpsit.— Indebitatus assumpsit will only lie, in case of a special contract, where the money price is unpaid, and there has. been full performance.</p> <p>6. Same—contract to pay in anything but money must be specially declared on. — Where there is a special agreement to pay for goods or services in any other way than in money, it must be specially declared upon.</p> <p>7. Same—breaches assigned in pleading.— Where the parties have made a special contract, and one party has sustained damages, by a non-performance by the other party of any stipulation on his part, in declaring on the contract that breach ought to be distinctly stated.</p> <p>8. Same—measure oe right and responsibility.—The special contract is to both parties the measure of right and responsibility: neither party can go for a quantum meruit.</p>