The Southwestern Reporter Volume 68 by West Publishing Company
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Author: West Publishing Company
Number of Pages: 1114 pages
Published Date: 13 May 2014
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130641806
Download Link: The Southwestern Reporter Volume 68
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...saying ship 3,000 bu. dry mixed corn, and have agent wire to have car of oats turned over to you. We have had agent wired to do this. We accepted your order for 3,000 bu. 2 mixed corn on same terms as we have been selling you, and we will give you as dry corn as we possibly can. Please understand that we do not guaranty it to be dry, or do we guaranty you against loss. Ship you 2 corn, and send you certificate of Inspection with each car. Yours truly, Gratiot 8t W. Co. 8." On May 1st, but before the reception of respondent's letter of April 30th, as appellants say, they wired as follows: "Jackson Depot Miss., May 1. Gratiot Street W. H. Co., St Louis: Rush corn and oats here. Entirely out Wire price. D. W. Wilkinson & Co. 9:14 a. m." On the same day respondent, by wire, to appellants, quoted "2 mixed corn at 38 cents, 2 white at 41%." There Is no answer in the record to this telegram by wire or letter, but respondent's evidence tends to prove a telegram was received from appellants of the same date, and on which respondent booked 3,000 bushels No. 2 mixed corn at 38 cents as sold to appellants. The respondent shipped 3,000 bushels of corn on the order of April 20th. The shipments were consigned to the order of respondent To each of the freight bills it attached a draft drawn on appellants. The bills were Indorsed by respondent and deposited in bank at St. Louis with Instruction to forward to bank at Jackson, appellants to be notified. When the first car arrived, the appellants paid the draft drawn on them for the price of the corn, received the freight bill, and took possession of the corn, without first Inspecting or having the privilege of inspecting it. The condition of the corn was unsatisfactory, of which...
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