National Novelty Import Co. v. Parks & Co.
National Novelty Import Co. v. Parks & Co.
Opinion of the Court
1. The suit was to recover for goods shipped pursuant to a written contract. The form of the contract was an order by the defendants to the plaintiff to ship the goods upon the terms indicated, and an acceptance of the order by the plaintiff. The goods were delivered to a carrier for transportation, and the defendants refused to receive them from the carrier. The defendants pleaded a countermand of the order before its acceptance. One of them testified: “I signed this order on September 12, 1912, about eight o’clock. About nine-thirty the same morning I mailed a countermand to plaintiffs, directed to them at St. Louis, Mo. It went off on the same train I suppose the salesman left here on. This was the first mail and passenger-train from Augusta to Atlanta, leaving Crawfordville that morning. . . I do not- know when my letter countermanding the order reached the plaintiffs. I only know when I mailed -it here. It is true I dated the latter
2. The contract of purchase contained no element of a lottery.
Judgment reversed.
Reference
- Full Case Name
- National Novelty Import Company v. Parks & Company
- Status
- Published