Edward Thompson Co. v. Foy

Citations

• 115 Miss. 848
• 76 So. 675

Syllabus

<p>1. Limitation of Actions. New contract. Correspondence.</p> <p>Where the purchaser of law books from a publishing company neglected to execute the installment notes therefor and some time thereafter wrote the publishing company, suggested that it make the purchase notes payable in installments of five dollars and ten dollars which was an alteration of the original agreement, and the publishing company accepted this proposition, this correspondence' between the parties constituted a new written contract made and accepted by both parties, and the six year statute of limitations must be applied to such last contract.</p> <p>2. Conteacts. Offer. Signing on typewriter.</p> <p>A letter constituting a contractual offer signed on a typewriter, is valid and binding on the signer, if he wrote it and signed it on the typewriter, or authorized that to be done.</p> <p>3. Sale. Signing or authorizing letter. Question of fact. Modification.</p> <p>Under the facts as set out in its opinion in this case the court held that the letter constituting a contractual offer purporting to be signed by the buyer on a typewriter, was prima-facie evidence of his having written or authorized it, and his dispute of this fact raised a question of fact that should have been submitted to the jury.</p>