Abercrombie v. Martin & Hoyt Co.

KNIGHT, Justice.

Suit by the Martin & Hoyt Company against the appellant, to recover the agreed price of a complete set of sixteen volumes, Library of Southern Literature. The price agreed to be paid for these books was $104.65, $5 of which was paid on the day the order was given plaintiff’s representative, and the remainder was to be paid in monthly installments of $5 per month.

The fourth count of the complaint declared upon the written contract of purchase, which was executed by the defendant and delivered to plaintiff’s salesman, and which the latter transmitted to plaintiff, and upon which…