Walker Bros. & Co. v. Daggett

Citations

• 115 Miss. 657
• 76 So. 569

Syllabus

<p>1. Kbauds, Statute of. Oral contract. Yalidity.</p> <p>Under Code 1906, section 4779, so providing, a verbal contract for the sale of goods is binding on the purchaser where he accepts and pays for a part of the same and he cannot cancel the order as to the balance of the goods though the contract is not in writing.</p> <p>2. Frauds, Statute of. Delivery to. carrier.</p> <p>The. delivery of goods to a common carrier consigned to the purchaser is a delivery to the purchaser of such goods.</p> <p>3. Sale. Breach. Remedies.</p> <p>Where a part of a bill of goods verbally ordered was accepted and paid for by the purchaser, but before the balance of the goods were shipped, the purchaser notified the seller that he would not accept or pay for the balance of the goods, in such case the seller had the right to ship'the goods and recover for the same and was not bound to sell the goods and sue for the difference between the price realized at such sale and the contract price.</p> <p>ON MOTION TO REMAND.</p> <p>4. Same.</p> <p>In such case where, after judgment in the court below and pend-an appeal to the supreme court, the seller had the goods involved in the suit and tendered to the buyer, removed from the warehouse of the common carrier, and returned to them and converted said goods to their sole use and benefit without the knowledge or consent of the buyer, the supreme court on motion will set aside its order entering judgment in that court and reverse and remand the cause.</p>