Frank & Meyer Neckwear Co. v. White

The vendor sued .the vendee upon open account for the purchase price of 28-% dozen neckties. The undisputed evidence at the trial shows that in May, 1920, the defendant gave to the plaintiff’s salesman an order for certain ties of varying patterns, duplicate copies of which order, though filled out by the salesman, were not signed by the defendant. One copy was sent to the plaintiff, and another was left by the salesman with the defendant. Shipment as provided by the order was to be made by October 1, 1920, by express from St. Louis, Missouri, where the plaintiff was located, to Macon,…