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67 Miss. 405

McKee v. Jones

Mississippi Supreme Court

Decided October 15, 1889

Mississippi Supreme Court · decided 1889-10-15

From the circuit court of Wilkiuson county. Hon. Ralph North, Judge. J. Y. Jones brought this suit against E. F. McKee to recover the value of certain horses and mules, which he claims died of the glanders imparted to them by a horse which he purchased of McKee. Plaintiff offered to show that on- a certain Sunday, McKee called at his home in the state of Louisiana, having two horses which he offered for sale.

Cited by 2 later decisions — most recently December 1935

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-10-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2As the sale in Louisiana was not invalid because made on Sunday, the defense on that ground is not available in. this state. Therefore, the judgment in respect whereof complaint is made as to the validity of the contract is unassailable.

¶3The coui't ruled erroneously, in. holding that the seller of the horse was exempt from liability for damages, as alleged, because of a want of knowledge by him that the horse had the disease specially guaranteed against. Civil Code of La., art. 2503. This provides that, “ The parties may, by particular agreement, add to the obligation of the warranty, which results of right from the sale or diminish its effect,” etc.

¶4' The judgment of the court below is reversed, and its action on the *409pleadings, so far as not consistent with this opinion, set aside, and the causéis remanded for proper entries on the minutes of the circuit court, in accordance with the view we announce, and for further proceedings in the cause, which is to he dealt with, as if no judgment had heen given in it. Each appellant to pay the costs of his appeal to this court.

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