United Hardware-Furniture Co. v. Blue

Citations

• 59 Fla. 419

Syllabus

<p>1. No-contract for tbe sale of any personal property, goods, wares or merchandise shall be good, unless the buyer shall accept the goods (or any part of them) so sold and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum in writing of the said bargain or contract be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.</p> <p>2. In order to bring a contract for the sale of goods within this exception, it is necessary that the goods should have been received and also accepted by the buyer. Even the delivery of goods to the buyer, or the receipt of them by him, without an acceptance is not sufficient. Some act or conduct on the part of the buyer or his authorized agent, maintaining an intention to accept the goods as a performance of the contract, and to appropriate them, is required to supply the place of a written contract, or payment or part payment.</p> <p>3. A common carrier, whether selected by the seller or the buyer, to whom goods are intrusted without instructions to do anything but to carry and deliver them to the buyer, is no more than an agent to carry and deliver the goods, and has no implied authority to do the act required to constitute an acceptance and receipt on the part of the buyer and to take the case out of the statute of frauds.</p> <p>4. To give an account rendered the force of an account stated because of silence on the part of the party sought to be charged, the evidence must show the rendition of the account to the defendant.</p> <p>5. The plaintiff’s usual custom of sending out statements to different parties, including the defendant, the first of every month, showing the goods bought during the preceding month and the balance remaining over is not sufficient to establish the fact that certain bills in question were rendered to defendant.</p> <p>6. The entry in the seller’s account-book is not a memorandum sig