Rector Provision Co. v. Sauer

Citations

• 69 Miss. 235

Syllabus

<p>1. Statute oe Frauds. Personal property. Memorandum of sale.</p> <p>The requirement of the statute of frauds of a note or memorandum in writing- of the bargain, signed by the party to be charged, is not satisfied by telegrams containing an order for the purchase of goods, and a reply, unless the telegrams, taken together, and without the aid of parol testimony, show the substantial terms of the bargain, including the price. Frank v. Eltringham, 65 Miss., 281.</p> <p>2. Same. Memorandum of sale. Evidence. Declaration.</p> <p>In such case, the telegram not being introduced, proof of a statement made by the seller’s agent who forwarded the order, that he had a telegram-from his principal confirming the sale, is not evidence that there was a sufficient memorandum of the bargain.</p>