McAdow Motor Co. v. Luckett

WALTHALL, Justice.

Appellant operated an Oldsmobile Automobile Agency at Marshall, Texas. David Simmons operated the Simmons Motor Company at Atlanta, Texas, handling Oldsmobile cars also. Simmons had need for a specific model and color Oldsmobile automobile and called McAdow over the telephone and asked if he had such car in stock that he would sell. McAdow replied that he had and would sell it for $780. Simmons agreed to buy the car and to send McAdow his check in payment for the car. Simmons signed the check without filling in the amount to be paid for the car and sent one of his employees…