Benton Mercantile Co. v. Owensboro Wagon Co.
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by the Owensboro Wagon Company against the Benton Mercantile Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by the Owensboro Wagon Company against the Benton Mercantile Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The contract was completed by the acceptance of the order, and could not be changed or modified by either party. 13 C. J. 264; 197 Ala. 443, 73 South. 43. Any proposed modification had no effect on the agreement,,unless it is accepted and becomes a part of the new agreement. 80 Ala. 360; 136 Ala. 287, 34 South. 975; 39 Cyc. 1205; The custom of…
1Opinion of the CourtMilder, J.
Owensboro Wagon Company files suit on common counts against Benton Mercantile Company for $166.30, balance due on a carload of wagons sold by plaintiff to the defendant. The ease was tried by the court without a jury. There was judgment in favor of the plaintiff. This judgment rendered by the court, and the introduction of copies of telegrams and letters written and sent by plaintiff to the defendant are assigned as errors by the defendant. This case has been before this court before, and is reported in 204 Ala. 415, 85 South. 723.
On September 8, 1917, plaintiff’s salesman and defendant…
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