Fuqua v. Mills, 39171
| Decision Date | 23 July 1954 |
| Docket Number | No. 39171,39171 |
| Citation | 73 So.2d 928 |
| Parties | FUQUA v. MILLS et al. |
| Court | Mississippi Supreme Court |
Fred M. Belk, Holly Springs, R. B. Smith, Ripley, for appellant.
Fant & Bush, Holly Springs, for appellee.
In her suggestion of error appellant expresses the fear that in the original opinion herein we held at least by inference that the burden of proof was upon her to show that there was no such organization as the Methodist Church or that there was several organizations to which the name 'The Methodist Church' might apply. We had no intention of laying down such a rule as to the burden of proof. What we did hold, and what we now hold, is that under all the facts and circumstances disclosed by the record there was a sufficient showing that the testatrix intended to designate The Methodist Church of Byhalia, Mississippi, as the object of her bounty.
Suggestion of error overruled.
All the Justices concur except McGEHEE, C. J., who took no part, and except ROBERDS, P. J., and HOLMES, J., who adhere to their views as expressed in the original dissenting opinion herein.
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Continental Gin Company v. Freeman, GC6415.
...v. Stephens, 148 Miss. 583, 114 So. 387 (1927); Fuqua v. Mills, 221 Miss. 436, 73 So.2d 113, 118 (1954), suggestion of error overruled, 73 So.2d 928; Restatement, Contracts § 447; and 32A C.J.S. Evidence § Throughout the years this rule has found uniform and strong application in the case l......
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Chipman v. Lollar, EC 6951-S.
...an agreement complete in all of its essential terms, the writing will control. Fuqua v. Mills, 1954, 221 Miss. 436, 73 So.2d 113; Miss., 73 So.2d 928. Any discussions or negotiations leading up to clear and unambiguous contracting documents are merged therein and extinguished thereby, Conti......