Sioux City Nursery & Seed Co. v. Magnes

In January, 1889, one E. A. Wheeler, agent for the plaintiff, soliciting orders for nursery stock, received from the defendant in error two orders, the first bearing date January 21st, amounting to $150, the other dated January 28th, amounting to $50.00, the goods to be delivered the ensuing spring. Both were signed by defendant, and both contained the following: “ for which I agree to pay * * * dollars and * * * cents in cash on the day of delivery.” The orders were by the agent sent to his principal, hut at what time is not shown.

On the second day of February following, Wheeler, the agent,…