Bennett v. Cummings

Citations

• 73 Kan. 647
• 85 P. 755
• 1906 Kan. LEXIS 301

Syllabus

<p>SYULABUS BY THE COURT.</p> <p>1. Contracts — Purchase and Sale. Where one dealer solicits another to make an offer to buy certain produce, the latter wires such an offer, giving terms in full, and the former sends an answer in the form of a statement that he will sell the produce mentioned, repeating the very terms of the offer, a contract of purchase and sale is thereby effected.</p> <p>2. -' Terms as to Time of Delivery — Acquiescence. In such a case, where a time of delivery is mentioned in the request for an offer, a shorter time is named in the offer, and the final telegram is silent on the subject, circumstances may justify treating such silence as an acquiescence by the seller in the time proposed by the buyer; and held, that such circumstances exist in the present case.</p> <p>3. -Acceptance — Condition that the Law Would Imply. Where the acceptance of an offer is otherwise sufficient it is not rendered ineffective by the addition of words which do no more than state a condition which the law would imply in any event.'</p>