Berry v. McKay

• Citation: 194 So. 299
• Decision Date: 04 March 1940
• Docket Number: 34081.
• Court: Mississippi Supreme Court
• Parties: BERRY v. McKAY et al.

194 So. 299

BERRY v. McKAY et al.

No. 34081.

Supreme Court of Mississippi, Division B.

March 4, 1940

Appeal from Circuit Court, Lawrence County; J. C. Shivers, Judge.

" Not to be reported in State Reports."

Action between W. L. Berry and J. P. McKay and others. From an adverse judgment, the former appeals.

Affirmed.

Magee & Magee, of Monticello, for appellant.

Lotterhos & Travis, of Jackson, for appellees.

McGOWEN, Justice.

The court below correctly decided this case. Many opinions have been written applying the facts to the rule of law applicable, and it would not be beneficial to the bench or bar to add another opinion to the long list of cases already decided.

The rule applicable to this case is admirably stated in the case of White et al. v. Stewart, 166 Miss. 694, 145 So. 747, 749, wherein the Chief Justice of this court said: " The rule in this court, in consonance with the weight of authority, is that a written contract, procured by an agent, to be afterwards approved by his principal, stipulating that it covers all agreements between the parties relative to the subject-matter of the contract, in the absence of a statute to the contrary, excludes any agreement by the agent relative to the subject-matter not embraced therein, withdraws from the agent the authority to make such, and prevents his principal from being affected by the fraudulent making by the agent of an agreement not set forth in the contract, and not communicated to his principal. Colt Co. v. Odom, 136 Miss. 651, 101 So. 853; Colt Co. v. McCullough, 141 Miss. 328, 105 So. 744; Junius Hart Piano House v. Stewart, 145 Miss. 488, III So. 106; Stevens v. Stanley, 153 Miss. 801, 121 So. 814."

Affirmed.