Legal Opinion

Hercules Mfg. Co. v. Wallace

Mississippi Supreme Court

Decided October 15, 1920No. 21419PublishedCited by 3 opinions

Appeal from circuit court of Tate county. Hon. E. Dl Dinkins, Judge. Action by tbe Hercules Manufacturing Company against J. H. Wallace. Judgment for defendant, and plaintiff appeals. While there are two assignments of error, they will be argued together, as they stand or fall together. The contract in this cause is a regular printed form, usually given out to salesmen procuring orders. It is partly written and partly printed.

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Appeal from circuit court of Tate county. Hon. E. Dl Dinkins, Judge. Action by tbe Hercules Manufacturing Company against J. H. Wallace. Judgment for defendant, and plaintiff appeals. While there are two assignments of error, they will be argued together, as they stand or fall together. The contract in this cause is a regular printed form, usually given out to salesmen procuring orders. It is partly written and partly printed. At the bottom of contract are the printed words: “Upon the acceptance by the dealer, in the space below, this order becomes a contract between the dealer and the…

1Opinion of the CourtEthridge, J.

The appellant sued the appellee on a contract written in the following words:

“Mar. 9, 1918.
“M........... (hereinafter designated the dealer).
“Please furnish the following generator and appliance f. o. b. Chattanooga, Tenn., to be delivered ...... hereinafter designated the purchaser, one Hercules generator of 100 pounds carbide capacity..... dozen......burners......%ft.......4% ft.......% ......9.1 ft.

In what part of house does Quantity. Number. Lights. Length. Finish. Fixture Co.

1003 2' 6" O C With gooseneck holders

149 With veneered holders

965 2' 6"

110 1' 6" Block

1668 2' 6" O C

165 2' 6" With…

2Cited by3 opinions

  1. Misso v. National Bank of CommerceMississippi Supreme Court · 1957
  2. Pillsbury Flour Mills, Inc. v. Independent Bakery, Inc.Washington Supreme Court · 1931
  3. United States Hoffman MacHinery Corp. v. HarrisSupreme Court of South Carolina · 1932

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