National Produce Co. v. Dye Yaus Co.

Evans, J. —

The plaintiff’s petition predicated a contract of sale of personal property upon certain telegrams and letters passing between the parties, and as supplemented by certain oral conversations. The allegation is that the contract was partly oral and partly in writing. On March 6, 1919, the defendant sent to the plaintiff the following letter, known in the record as Exhibit A-

“We offer five ears of April eggs storage packed, in new cases, Jensen Pack, contract and all papers to be signed between the ultimate purchaser and the Jensen Creamery Company ; five cars at thirty-seven and…