Godchaux Sugars, Inc. v. Meridian Wholesale Co.

(after stating the facts as above). No evidence adduced supported the averments of the third above mentioned plea. Uncontradicted evidence showed that defendant received and accepted part of the sugar called for by the report of sale dated May 27, and for part of the sugar so accepted paid the price stated in that instrument, “28% net cash f. o. b. refinery.” Evidently that plea was based upon the provision of the Mississippi statute of frauds which in effect requires, as to a contract for the sale of personal property, goods, wares, or merchandise for the price of $50 or upwards, some note…