Fort Worth Packing Co. v. Consumers' Meat Co.

Bryan, J., delivered the opinion of the Court. This is a question under the seventeenth section of the Statute of Frauds. According to the evidence, in July eighteen hundred .and ninety-four, the Consumers’ Meat Company made a contract with the Fort Worth Packing Company for the purchase of a car-load of dressed beef. The contract was made at Fort Worth, Texas, by H. C. Rohr, the President of the Consumers’ Company.

It was not in writing ; and nothing was given in earnest nor in part payment. Rohr saw the cattle killed, dressed and packed ; superintended the loading of the beef, and expressed himself as satisfied with its quality and condition.. . He agreed that it would be paid for when it arrived in Baltimore. The beef was shipped to the order of the Fort Worth Packing Company, Baltimore.

The bill of lading was marked: “ Ship-, pers’ order, notify Consumers’ Meat Co., Baltimore, Md.” ⁶³⁷ A draft was drawn by the Fort Worth Packing Company on the Consumers’ Meat Company for the price of the beef. The drawee refused to accept the draft, and levied an attachment on the meat when it arrived in Baltimore. By the seventeenth section of the Statute of Frauds no contract for the sale of any goods, for the price of ten pounds or upwards, shall be allowed to be good unless the buyer shall accept part of the goods sold, and actually receive the same, or give