Embree-Mclean Carriage Co. v. Lusk

WILLIAMS, Associate Justice.

To an agent of appellant, appellee, at Brenham, Texas, gave an order, addressed to appellant at St. Louis, for a buggy of specified character and at a stipulated price, delivered “free on board cars” at St. Louis, on a credit of four months. The blank on which the order was written contained a stipulation that for the price appellee should give his note and a chattel mortgage on the vehicle, but appellee would not agree to this, and, with the assent of the agent, this clause was stricken out, and an agreement by appellee to give his note, payable at four months,…