Townes v. Edward Holland & Co.

Citations

• 116 Miss. 541
• 77 So. 525

Syllabus

<p>1. Sales. Delivery. Question for jury.</p> <p>Whether under the facts of this case a sale of cotton on the seller’s gin platform was with the understanding that the delivery was then complete, so that the cotton was thereafter at the buyer’s risk, was a question for the jury.</p> <p>2. Same.</p> <p>A custom to draw with the bill of lading, attached does not necessarily carry with it the idea that a sale is not complete until this formality is complied with.</p> <p>3. Same.</p> <p>Under the facts in this case the fundamental question was as to the intention of the parties and such intention was to be gathered from the course of dealing between the parties of the contract, the acts performed and thq language uttered at the time the transaction was had.</p>