Stonewall Manufacturing Co. v. Peek
Stonewall Manufacturing Co. v. Peek
Opinion of the Court
delivered the opinion of the court.
The right of the appellant to institute the action upon a contract by its agent is clear, and the testimony is undisputed that the contract was made for the appellant.
It should have been left to the jury to find whether the eight bales were delivered and received and paid for, in pursuance and fulfillment of the oral contract previously made for forty bales of cotton. The oral contract, made for forty bales, to average five hundred pounds each, at ten cents per pound, is proved, and if the delivery and receipt four days later of eight bales of the forty was in part performance of the previous contract, the statute of frauds was satisfied. If the part received was as part of the whole in reference to and in pursuance of the oral contract, it was thereby made valid. Section 1295 of the code.
Reversed and remanded for a new trial.
Reference
- Full Case Name
- Stonewall Manufacturing Company v. G. F. Peek
- Cited By
- 6 cases
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- Syllabus
- 1. Principad and Agent. Right of former to sue on contract of latter. A corporation lias the right to sue on a contract made by and in the name of its agent, if made for it. 2. Statute oe Frauds. Eairt delivery on verbal contract. Question of fact. Section 1295, Code of 1880, construed. B. made an oral contract with P. for the future delivery of forty bales of cotton. Four days after this P. delivered eight bales of cotton to B. Held, that under $ 1295, Code of 1880, if the eight bales so delivered were a part of the forty bales to be delivered in pursuance of the oral contract, then the oral contract was, by such delivery, made valid. That was a question of fact to be determined by the jury.