Sikemeier v. Jacob

Decided March 15, 1908

Mississippi Supreme Court · decided 1908-03-15

From the circuit court of Lowndes county. Non. Bobert F. Cochran, Judge. This was an action brought by the appellant, Sikemeier, against the appellee, Jacob, on an open account for goods sold and delivered, in which the defendant, Jacob, claimed credit for one closet returned to plaintiff as unsatisfactory, a year and a day after its purchase.

Good law ✅— No negative treatment on recordhow we know

Decided 1908-03-15

How this case has been cited

Cited by 6 later decisions — most recently June 1972

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2This record presents an action on an open account of various items, among which there appears charged the appliances for a certain closet. It is shown that this closet was sold and delivered to the appellee, and retained by him for more than a year *563before it was returned to tbe vendor; and in reference to this item the court below, as we think properly, charged the jury that “the closet returned in this case was retained too long to be returned.” Notwithstanding this direct charge, the jury returned a verdict for • the defendant, and the court below refused to grant a new trial, in which we think there is error.

¶3Reversed and remanded.