L. Starks Co. v. Brewer

Citations

• 77 Kan. 610
• 95 P. 402
• 1908 Kan. LEXIS 311

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Contracts — Sale of Personalty — Offer and Acceptance. The defendant sent a letter to the plaintiff which reads: “Gentlemen — Kindly quote me your lowest price on a car of bright Early Ohio seed potatoes. I am not particular about the shipment being made for several weeks, but if the mild weather continues it will not be long before we will need them.” Plaintiff answered by a letter which reads: “Referring to yours of 13, beg to advise that we would quote you on a car or two of our Wisconsin Ohio potatoes at 88c per bushel sacked, delivered Abilene. Quote this price to you subject to your acceptance by Wednesday. If you wished us to hold the stock for you beyond the first of February we would sell you under contract and ask you to carry $100 per car of the cost.” The defendant replied by the following telegram: “Letter received, accept for two cars, send along your contracts.” Held, that this correspondence does not constitute a contract for the sale of two car-loads of potatoes at 88 cents per bushel, delivered at Abilene, but the defendant by his telegram intended to accept the offer contained in the last clause of the plaintiff’s letter.</p>