Benton Roberts Dry Goods Co. v. Cyrus W. Scott Mfg. Co.

On July 29, 1920, appellant wrote the following letter to appellee:

“Gentlemen: Ship us by freight the following bleached domestic: One case ‘Old Faithful’ 30-inch at 230; one ease ‘Old Faithful’ 36-inch at 260. Kindly rush the above. Prices your letter of 7/26.”

In pursuance of said letter, appellant on the 30th of July, 1920, shipped the two cases of domestic. One case contained 2,288 yards and the other contained 2,809 yards, there being 40 pieces in one case and 50 in the other. Said domestic was delivered to appellant at Marlin, Tex., early in August, and this suit was brought by appellee…