A. Adler & Co. v. Kiber

WILLIAMS, Associate Justice.

The parties made a contract by which the appellants agreed to sell and deliver to the appellee, at Brenham, at a day subsequent, 100 barrels of sugar of a specified quality and at a stipulated price.

No right was reserved by either party to countermand or recede from the agreement. Appellee, on same day, undertook to countermand his order for the sugar by so notifying the agent of appellants through whom the contract was made, and on the next day he wired a countermand to appellants at New Orleans. Both the agent and appellants declined to rescind or to recognize…