Parker v. Dantzler Foundry & Machine Works

Citations

• 118 Miss. 126
• 79 So. 82

Syllabus

<p>1. Sales. Implied contracts. Corporations. Receiver.</p> <p>It is elementary law that a party has a right to select and determine with whom he will contract and cannot have another person thrust upon him without his. consent.</p> <p>2. Same.</p> <p>Where defendant ordered goods from a corporation intending to set off as payment a debt due him by the corporation and received and used the goods before receiving the invoice or learning that the order had been filled by plaintiff, the receiver for the corporation. In such case there was no express or implied agreement by the defendant to pay the plaintiff, receiver, therefor.</p> <p>3. Payment. Application. Offset.</p> <p>Where defendant ordered goods from a corporation intending to set off as payment a debt due him by the corporation and received and used the goods before receiving the invoice or learning that the order had been filled by plaintiff, receiver of the corporation, and after receiving such notice ordered other goods of the receiver of the corporation, and made payment to the plaintiff receiver and it is not shown that such payments were applied to any particular items of the two accounts, the court will not apply such payment to the account for goods ordered from the corporation instead of the account for goods bought of the receiver.</p>