Luke v. Livingston

Bussell, J".

When this case was here before, Luke v. Livingston, 9 Ga. App. 116 (70 S. E. 596), this court ruled: (1) that the acceptance of an offer to sell may be shown by proof that the person to whom the offer was made has paid a portion of the pnrchase-price; and (3) that parol evidence is competent to show that the written contract, apparently relating to an actual sale of cotton, was in fact entered into merely for the purpose of allowing the parties to deal in cotton futures, and that the transaction was not bona fide, but a speculative and gaming contract. The case after-wards went to…