Rice v. Western Fuse & Explosives Co.

Mr. Presiding Justice Gary

delivered the opinion of the Court.

February 2, 1891, these parties, the appellant being described as “ E. S. Bice, Gen’l Agent for E. J. Du Pont de Nemours & Co., * * * party of the second part,” in the body of the paper, and signing it “E. S. Bice, General Agent,” made an agreement in writing, by which the appellee agreed to deliver to the appellant—if the agreement is to be treated as personal with him—fuse in Chicago, “ it being understood that the present prices for such fuse * * * shall be ” so and so.

June 12,1893, the appellant telegraphed for two hundred and…