Hercules Mfg. Co. v. Wallace

Citations

• 124 Miss. 27
• 86 So. 706

Syllabus

<p>1. Sales. Order may be accepted by shipping goods ordered.</p> <p>Where a written contract signed by the purchaser, but providing that it would become a contract on the acceptance being written therein and such contract is sent to the office of the seller and-the outfit ordered is shipped the buyer, such contract is accepted by the seller by such act and is binding, though not accepted in writing by the seller.</p> <p>2. Sales. Where accepted conti act offered in evidence error to direct verclict.</p> <p>Where such contract is offered in evidence with proof of the acceptance and shipment before order countermanding is- received, it is error to direct a verdict for the buyer on the ground that there was no contract.</p>