47 So. 380 | Miss. | 1908
delivered the opinion of the court.
Floyd Willis was engaged in buying and selling cotton in the city of Jackson, Miss. On the 5th day of December, 1906, he sent a telegram to Knight, Yancey & Co., of Mobile, Ala., sub
It is settled law and seems to be conceded ton botb sides, that under ordinary circumstances the acceptance of Willis’ offer was complete when the telegram of acceptance of the proposition made was delivered by Knight, Yancey & Co; to the telegraph company in Mobile, and that the agreement then and there became a binding contract according to the-express terms contained in the telegram from Willis. The main contention of apepllees is that, while this is ordinarily true, yet in this particular instance
The contract made by the parties by virtue of these telegrams is clear, unambiguous, and valid, unless the so-called usage or custom can be invoked to relieve the parties from the legal effect of their acts. There is no such uncertainty about this contract as makes it necessary, because of indeterminate terms^ to resort to custom or usage in order to understand exactly what was meant; but the contract is express in its terms, unambiguous, and became binding on the parties when the telegram of acceptance was delivered to the telegraph company in Mobile. It would be in the highest degree impolitic, and be the cause of introducing interminable confusion into contracts, if, when the terms of a contract are express, clear, and valid under the law, its legal effect could be controlled by some local or trade custom. Our court has long since been committed to this wise doctrine. Shackleford v. N. O., J. & Great Northern Ry., 37
Where the contract is definite and certain, thé obligations of a party, by reason of the contract, became fixed by law by the
Por this reason, the case is reversed and remanded.
Reversed.