Mccullough vs Aenille & Co.

13 hil. 285 February 3, 1904

Facts:

Furniture and tobacoo were being sold by Aenille and Co. The furniture was sold at 90% of the price that is shown in a subsequent inventory. The tobacco was sold with the price indicated in the invoice.

Issue:

Whether or not the price is already considered certain

Ruling:

Yes, the price is already considered certain. A written agreement by which one party buys and the other sells can be made certain by reference to certain invoices in existence and identified by the agreement. The contract of sale is therefore completed.