Malloy v. Egyptian Tie & Timber Co.

This is an action'for damages for breach of contract relative to some ties. The cause was tried before the court and a jury, resulting in a verdict and judgment in favor of plaintiff for $1203.45. Failing to get a new trial on motion defendant appealed.

The contract relied on is in the form of a letter and is as follows: “Poplar Bluff, Mo., 1-6-1920. Mr. Green Malloy, Fremont, Missouri. Dear Sir: In confirmation of our agreement you will please enter our order for all your oak ties until further notice, price as follows: (Here follows description of ties and prices) Terms, sight draft, f. o.…