Bonds v. Thomas J. Lipton Co.

Citations

• 85 Miss. 209

Syllabus

<p>1. Sales. Ciphertelegrams. Letters. Evidence. Statute of frauds. Code 1893, § 4339.</p> <p>Where a contract for the sale of personal property is evidenced by letters between the parties, fully recognizing the existence and setting forth the terms of the contract, it is immaterial that precedent cipher telegrams do not sufficiently show a sale to take the case out of the statute of frauds.</p> <p>3. Same. Rescission. Tender. Place.</p> <p>Where goods were bought with the understanding that they were to be shipped by the seller to the buyer when th'e buyer thereafter ordered, and the buyer recognized that the seller held the goods on his account, it is not necessary for the seller to tender the goods to the buyer at the latter’s place of business after he gives notice that he will not receive them if shipped, in order to hold th’e buyer liable for a breach of the contract.</p> <p>3. Same. Breach of contract. Custom.</p> <p>Where the meat contracted for was “smoked meat,” it is immaterial that the meat sold upon breach of contract by the seller for the purchaser’s account was not smoked, it being shown that the meat was sold to be shipped on the buyer’s order, that “smoking” was a process to which meat is submitted, according to the custom of the trade, only immediately prior to shipment, and that the buyer failed to give shipping directions.</p> <p>4. Same. Harmless error. Evidence.</p> <p>The erroneous admission in evidence of copies of telegrams is not ground for reversal of a judgment predicated of a contract which the copies were intended to establish, if the contract be otherwise fully proved by competent and undisputed evidence.</p>