I. Frank & Co. v. Eltringham
Mississippi Supreme Court
Appeal from the Ciruit Court of Adams County. Hon. Ralph North, Judge. This is an action brought by A. Eltringham against I. Frank & Co. to recover damages for an alleged breach of contract. On July 6, 1886, Marcus S. Kahn, the travelling agent of defendants, solicited and obtained an order for a bill of goods from the plaintiff, in the city of Natchez.
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Appeal from the Ciruit Court of Adams County. Hon. Ralph North, Judge. This is an action brought by A. Eltringham against I. Frank & Co. to recover damages for an alleged breach of contract. On July 6, 1886, Marcus S. Kahn, the travelling agent of defendants, solicited and obtained an order for a bill of goods from the plaintiff, in the city of Natchez. On August 23, 1886, defendants wrote to plaintiff, addressing the letter to Waterproof, La., requesting references, as they did not know him, and had never previously had business relations with him. Not receiving a reply, they again wrote him…
1Opinion of the CourtCampbell, J.
The note or memorandum of the bargain is not sufficient under-§ 1295 of the Code. It fails to show who is seller and who is buyer. It is impossible to determine from the writing whether the appellants agreed to buy from the appellee or vice versa.
*284While the requirement of the statute is that only some note or memorandum of the bargain shall be signed by the party to be charged, it must show the substantial terms of the bargain, so that it may be seen and understood from the writing, and .without the aid of parol testimony ; for to admit that to supply an essential part of the contract would…
2Cited by4 opinions
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