How have the courts interpreted the words “I did not take the cheese” on the back of an invoice?
Ontario, Canada
The following excerpt is from Martin v. Haubner, 1895 CanLII 52 (ON CA):
In Wilkinson v. Evans, L.R. 1. C.P. 407, the defendant had returned the invoice of the goods with a note signed by him on the back of it in these words: “The cheese came to-day, but I did not take them in for they were very badly crushed. So the candles and cheese is returned,” and it was held that the contents of the invoice were sufficiently referred to by the note on the back of it and that the two together constituted a sufficient memorandum within the statute.
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