Ebom the circuit court of Scott county.

IíoN. JohN R. ENOCHS, Judge.

Platt and another, appellants, were plaintiffs, and Howie and another, appellees, were defendants in the court below. Erom a judgment in plaintiffs’ favor, the defendants appealed to the supreme court.

The suit was to recover on a written contract for the sale of cologne. The defense was that the contract had been procured by fraudulent representations. The testimony for tbs defendants was to the effect that the salesman of plaintiffs tried to sell tbe goods to defendants, who refused to buy on the ground that they did not handle such goods; the salesman then went out of the store, but came back afterwards and said he had failed to place the goods in the town, and asked defendants again to take them, saying that, as an'inducement to them, he would guarantee 33 1-3 per cent, profit on them for three years if the stock was kept replenished, and that he would deposit the amount of the order in any bank defendants would suggest, to make the guaranty good, whereupon defendants told him that if he would put the money in the First National Bank of Meridian they would take the goods, and he agreed to make the deposit in said bank before defendants would be called on to accept the .goods; the salesman then took out his written contract, which was a long one, stated that he desired to leave on the first train, only had a short time; and defendants signed the contract without reading it, supposing it contained the agreement as to the deposit, but after the salesman left they read it, and found that it did not contain the agreement to place the money in the bank, and at once countermanded the order, and refused to take the goods when they were shipped. On the trial, defendants offered to prove that they had received letters from plaintiffs refusing to deposit the money in the bank, that the letters had been lost or destroyed and could not be found after diligent search, and offered to prove the contents of the letters. This was objected to by plaintiffs, and the objection was sustained.

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