Greenwood Grocery Co. v. Canadian County Mill & Elevator Co.
Supreme Court of South Carolina
Action by Greenwood Grocery Co-, against Canadian County Mill and Elevator Co. From judgment for plaintiff, defendant appeals. The latter cites: Was there a contract? 7 Ency., 113; 9 Cyc., 398, 245; 21 S. E., 851; 15 S. E.} 813, 826. Phesitmption is letter was received: 1 Green. Ev., 137. If so plaintiff practiced fraud and cannot recover: 46 S. C., 220. Offer and acceptance by telegram completes the contract: 9 Cyc., 295; 50 Am. R., 754; 7Í Am. D., 409; 93 Am.
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Action by Greenwood Grocery Co-, against Canadian County Mill and Elevator Co. From judgment for plaintiff, defendant appeals. The latter cites: Was there a contract? 7 Ency., 113; 9 Cyc., 398, 245; 21 S. E., 851; 15 S. E.} 813, 826. Phesitmption is letter was received: 1 Green. Ev., 137. If so plaintiff practiced fraud and cannot recover: 46 S. C., 220. Offer and acceptance by telegram completes the contract: 9 Cyc., 295; 50 Am. R., 754; 7Í Am. D., 409; 93 Am. D., 511; Bish. on Con., sec. 328; Lawson- on Con., sec. 22; Par. on Con., 288; 149 U. S., 421; 50 U. S., 396; 24 Ency., 1031; 12 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
On the 31st of August, 1904, defendant in response to inquiry for prices, wired plaintiff offering to deliver, subject to confirmation, standard patent flour at $4.75 per barrel packed in 24-pound sacks, using the telegraphic code word “health” to represent the price of the flour. Plaintiff replied to this message by wire ordering 250 barrels of flour “at prices wired today,” to which defendant replied by telegram confirming the sale, again- using the code word “health,” which it is admitted represents $4.75 per barrel, and on the…
2Cases cited2 opinions
- Coates & Sons v. EarlySupreme Court of South Carolina · 1896
- Gartner v. Hand & Co.Supreme Court of Georgia · 1891
3Cited by1 opinion
- Neilson & Kittle Canning Co. v. F. G. Lowe & Co.Tennessee Supreme Court · 1923