I. Frank & Co. v. Eltringham

Mississippi Supreme Court October 15, 1887

I. Frank & Co. v. Eltringham, 65 Miss. 281 (Miss. 1887)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the Court.

The note or memorandum of the bargain is not sufficient under-§ 1295 of the Code. It fails to show who is seller and who is buyer. It is impossible to determine from the writing whether the appellants agreed to buy from the appellee or vice versa.

*284While the requirement of the statute is that only some note or memorandum of the bargain shall be signed by the party to be charged, it must show the substantial terms of the bargain, so that it may be seen and understood from the writing, and .without the aid of parol testimony ; for to admit that to supply an essential part of the contract would defeat the object of the statute. The writing must distinguish between the buyer and seller. The memorandum in this case would be equally applicable to an action by I. Frank & Co. against Eltringham.

Reversed and remanded.

Reference

Full Case Name: I. Frank & Co. v. A. Eltringham
Cited By: 4 cases
Status: Published
Syllabus: Frauds, statute of. Memorandum, of sale of goods. Sufficiency of. A memorandum of a bargain for the sale of goods is not sufficient, under Sec. 1295, Code of 1880 (the statute of frauds), if the buyer and seller cannot be distinguished, the one from the other, by the face of the memorandum, without resort to parol testimony. Same. Memorandum of contract of sale. Case in judgment. An instrument as follows: — “ I. F. & Co., White St., New York. No. 120. Natchez, Miss., address A. E., at I. Landing. Ship, when?...... Ship, how?,..... Insure...... Care...... Terms, reg. Date...... Bill, Oct. 1. Refer to...... |-Lot. | Doz. | Remarks. | Price. ¡ ” with an inventory thereunder of goods to the value of $384 00, and signed by the agent of I. F. & Co. — is insufficient as a memorandum of a contract of sale, under Sec. 1295 (statute of frauds, Code 1880), to sustain an action against I. F. & Co. by A. E., it being impossible to decide by the memorandum who was seller, and who buyer.