Shreve Chair Co. v. McCarty

The Shreve Chair Company, a foreign corporation, sued B. W. McCarty, J. T. McCarty, Guy McCarty, Lloyd McCarty, and George Harris, a partnership doing business at Abilene, Tex., under the firm name of McCarty Furniture Company, for debt. From a judgment for defendants in the court below, the plaintiff has appealed.

On October 9, 1919, the defendant wrote plaintiff ordering a bill of goods, and asking that the goods be shipped “at once,” and giving other instructions as to shipment, etc. On October 14th the plaintiff replied as follows:

“McCarty Furniture Co., Abilene, Texas— Gentlemen: We have…