J. B. Colt Co. v. Ryals

• Decision Date: 13 February 1939
• Docket Number: 33567.
• Citation: 186 So. 315
• Court: Mississippi Supreme Court
• Parties: J. B. COLT CO. v. RYALS.

186 So. 315

J. B. COLT CO. v. RYALS.

No. 33567.

Supreme Court of Mississippi, Division B.

February 13, 1939

Appeal from Circuit Court, Scott County; D. M. Anderson, Judge.

" Not to be reported in State Reports."

Action by the J. B. Colt Company against W. A. Ryals to recover on notes. From an adverse judgment, plaintiff appeals.

Reversed and rendered.

O. B. Triplett, Jr., of Forest, for appellant.

Percy M. Lee, of Forest, for appellee.

ANDERSON, Justice.

The decision in Colt Co. v. Harris, 177 Miss. 536, 171 So. 695, is controlling in the present case. The same contract involved in that case is involved in this, and there is no material difference in the facts of the two cases. It follows that the evidence to show fraud was incompetent and ought not to have been admitted.

If there were a breach of warranty, appellee could not have taken advantage of it because of his failure to notify appellant thereof by registered mail, and, in addition, to deliver the generator to its factory, transportation prepaid.

Reversed and judgment here for appellant.