Kelley, Maus & Co. v. Sibley

Citations

• 137 F. 586
• 69 C.C.A. 674
• 1905 U.S. App. LEXIS 4182

Syllabus

<p>1. Sales—Several Contract—Construction.</p> <p>Negotiations for the sale of bolts at beginning referred only to “machine bolts,” and, in answer to an inquiry with respect to the quantity of machine bolts the seller could furnish, he, for the first time, suggested that he had another contract for “carriage bolts” with a different manufacturer, and could also enter an order for a reasonable amount of car- . riage bolts, but could not guaranty prompt shipment, after which the buyer accepted the seller’s offer as to machine bolts, and stated' that it assumed that the price for the carriage bolts was the same, and on that assumption ordered a large number, which, however, the buyer required to be put up in packages, after which the seller replied that the buyer’s assumption as to the price of the carriage bolts was correct. Held, that the contract for the bolts, if any, was several as to each character of bolts.</p> <p>2. Same—Offer and Acceptance.</p> <p>An acceptance of an order to sell a quantity of machine bolts was not rendered conditional, and therefore insufficient to constitute a contract, by an expression in the buyers' letter of acceptance that it was aiot of so much importance to have such bolts put up in packages, but ' that they would like to get at least the smaller sizes in that way if possible.</p> <p>35. Same.</p> <p>An absolute acceptance of a seller’s offer to sell bolts was not affected by a subsequent communication informing the buyer that he assumed no responsibility in the sale, but simply procured the bolts for the buyer provided he could purchase them as he had been assured he could do, ■which statement was not assented to by the buyer.</p> <p>4. Same.</p> <p>Defendant’s offer for the sale of carriage bolts was accepted, with the condition that the bolts must be put up in packages duly labered, and contained a request that the order should be placed with the factory immediately, and plaintiffs advised how soon they could look for shipment. Def