Dolan Mercantile Co. v. Marcus

Opinion by

Mr. Justice Kephart,

The Uniform Sales Act provides, in section 4, that a contract to sell goods of the value of $500 or upwards shall be unenforceable “unless the buyer accepts part of the goods......so contracted to be sold or sold, and *406actually receives the same.” Section 46 provides that where, in pursuance of such contract or sale, the seller is authorized or required to send the goods to the buyer, delivery to a carrier for the purpose of transmission is deemed delivery to the buyer.

The contract was not in writing. It provided for the sale of six hundred bags of sugar at $20…