Ismert-Hincke Milling Co. v. Natchez Baking Co.
Mississippi Supreme Court
Appeal from circuit court of Adams county. Non. R. E. Jackson, Judge. Action by tbe Ismert-I-Iincke Milling Company against the Natchez Baking Company. Verdict and judgment for defendant, and plaintiff appeals. This is a case in which only fundamental principals of law are involved and in which it is unnecessary to cite legal authorities.
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Appeal from circuit court of Adams county. Non. R. E. Jackson, Judge. Action by tbe Ismert-I-Iincke Milling Company against the Natchez Baking Company. Verdict and judgment for defendant, and plaintiff appeals. This is a case in which only fundamental principals of law are involved and in which it is unnecessary to cite legal authorities. The whole case rests upon the question as to whether or not the contract in this case was the one sent into the main office and there confirmed; and whether or not it was error to permit the introduction by appellee of the duplicate order left with him,…
1Opinion of the CourtEthridge-, J.
The appellant, through its traveling salesman, sold to the appellee two hundred and ten barrels of flour, to be contained in two hundred ninety-four jute one hundred forty-pound sacks, at twelve dollars and eighty-five cents per barrel, less the freight, amounting to eighty-two dollars and ninety-one cents; the salesman taking a written order which reads as follows:
“Memorandum of Contract in Duplicate.
“No. 1.
August 3, 1917.
“The Ismert-Hincke Milling Company., of Kansas City, U. S. A.,’ sell, and Natchez Baking Company, of Natchez, Miss., by, the following articles upon the terms, conditions,…
2Cited by3 opinions
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