Rector Provision Co. v. Sauer
Mississippi Supreme Court
From the circuit court of Warren county. Hon. J. D. Gill and, Judge. This action, begun by attachment, was brought by the Rector Provision Company, of Vicksburg, Miss., against N. & W. Sauer, wholesale flour-dealers, at Red Bud, 111., to recover damages for an alleged breach of a contract to sell five hundred barrels of flour. It is denied, on the part of the defendants, that there was any contract valid under the statute of frauds.
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From the circuit court of Warren county. Hon. J. D. Gill and, Judge. This action, begun by attachment, was brought by the Rector Provision Company, of Vicksburg, Miss., against N. & W. Sauer, wholesale flour-dealers, at Red Bud, 111., to recover damages for an alleged breach of a contract to sell five hundred barrels of flour. It is denied, on the part of the defendants, that there was any contract valid under the statute of frauds. The facts, as shown by the evidence, were these: Rector, acting for the plaintiff' company, made to Gray, defendant’s broker in Vicksburg, an offer to purchase…
1Opinion of the CourtCampbell, C. J.
As the telegram sent by Gray to the appellees was not put in evidence, thé admission or declaration made by Gray to Rector that he had a telegram from his house “ confirming the sale,” was insufficient to satisfy the statute of frauds, because it does not show the terms of the sale, which is necessary. Frank v. Eltringham, 65 Miss., 281. It fails to show what sale was confirmed.
We express no opinion on the ruling admitting the agent’s declaration as evidence, as that is not before us, since it was admitted at the instance of the appellant.
If the telegram sent by Gray to the appellees, and…
2Cases cited1 opinion
- I. Frank & Co. v. EltringhamMississippi Supreme Court · 1887
3Cited by4 opinions
- Graham v. Henderson Elevator Co.Indiana Court of Appeals · 1916
- Winders v. . HillSupreme Court of North Carolina · 1907
- Willis v. EllisMississippi Supreme Court · 1910
- Central Shoe Co. v. J. P. Conn & Co.Mississippi Supreme Court · 1931