Works v. Jefferson

• Decision Date: 30 April 1879
• Parties: The Southern Oil Works v. J. W. Jefferson.
• Court: Tennessee Supreme Court

70 Tenn. 581

The Southern Oil Works

v.J. W. Jefferson.

Supreme Court of Tennessee.

April Term, 1879.

FROM SHELBY.

Appeal in error from the Circuit Court of Shelby County. C. W. HEISKELL, J.

ESTES & ELLETT for Southern Oil Works.

MYERS & SNEED for Jefferson.

FREEMAN, J., delivered the opinion of the Court.

The declaration in this case is for the price and value of ninety-three bales of cotton sold and delivered by plaintiff to defendant on the 16th of March, 1874. The defendant simply filed a plea denying the liability as claimed by the plaintiff. On this issue the case went to the jury, who found a verdict for the plaintiff, from the judgment on which there is an appeal in error to this court.

We need not go into a full statement of the facts of this case in disposing of the question on which our decision must turn. The verdict of the jury for either party would not be reversed by this court on the testimony in this record. The only question to be settled by us is, is there error of law in the charge of his Honor to the jury as applicable to the case before him, or did he improperly refuse to give instructions appropriate to the case presented by defendant's counsel.

It is conceded by defendant that the ninety-three bales of cotton were received by him from the mills of plaintiff, and by both parties that this was done in pursuance of an order given by E. C. McCombs. There is no proof tending to show that before, and up to this time, said McCombs had been general manager and agent of plaintiff in the city of Memphis. It is claimed, however, by plaintiff, that his authority to so act had been revoked previously to this time by the action of the board of directors in New Orleans. From the records of the directory it would seem that authority to make contracts for the purchase of cotton seed, except on terms of payment in cash on delivery, had been withdrawn, and no power existed to make advances on contracts for future delivery. This all appears very probable, to say the least of it, from the testimony.

It appears from a contract on file, and other testimony, that about the 10th of March, 1874, the said E. C. McCombs entered into an agreement, by which he contracted for the company, signing the name of the oil company by himself “as director,” with defendant Jefferson and one John D. Adams, by which they were to deliver two hundred tons of cotton seed, to be delivered during the year 1874, at ten dollars per ton.

It is claimed by defendant that McCombs promised to advance $2,500 on this contract, and drew a sterling bill for $465 on his brother, J. J. McCombs, of Liverpool, England. That this bill was not paid, the acceptance of J. W. Jefferson & Co. was, it is said, to have been discounted for the sum of $2,500, having some time to run, and the sterling bill was drawn probably as the means of raising the money for said discount. Defendant claims that when the sterling bill was not met E. C. McCombs agreed immediately to fix it up and make it good, and for that purpose gave the order for the cotton, and the same was...