Allen v. Kirwan

Citations

• 159 Pa. 612
• 28 A. 495
• 1894 Pa. LEXIS 906

Syllabus

<p>Contracts — Acceptance of offer.</p> <p>Defendants wrote plaintiffs: We have a few jars that we can offer you at this time for immediate acceptance, stating the prices. Plaintiffs immediately wired: “ Enter order for five hundred gross.” This order was not formally accepted. Subsequently in reply to request for information defendants wrote plaintiffs that they had only two hundred and fifty gross and they would forward these. Plaintiffs insisted upon the delivery of five hundred gross. Held, in an action for breach of contract to deliver five hundred gross, that there was no contract between the parties for the delivery of that number of jars and that plaintiffs were not entitled to recover.</p>