Hosiery Mills v. G. C. Hall & Son

Plaintiff recovered judgment for the sum of $2,167.93 and costs, and defendant appeals.

The facts relating to the transaction show that about November, 1919, defendants purchased from plaintiff, through an agent, a certain quantity of hosiery. This particular purchase was made by sample and no written order for the goods was signed by the defendants. On February ¡10, 1920, before delivery was made, defendants wrote directly to plaintiff at its mills in Nashville, Tennessee, in- , closing an additional order for 1500 dozen hose. This order designated the number, kind, size, etc., of the hosiery desired. Plaintiff in a written communication acknowledged receipt of the same and inclosed two copies of what is designated in its letter “confirmation copies” to cover the proposed purchase. The letter requested that one of them be signed and returned. The confirmation order, so called, contained a recital of the defendants’ order as' to kind, number and size of the hosiery ordered. These recitals were typewritten upon an order sheet bearing the name and insignia of plaintiff’s' mills. The letter and confirmation orders differed somewhat from defendants’ proposal as to terms. The letter…