Mead & Speer Co. v. Krimm

Citations

• 43 Pa. Super. 376
• 1910 Pa. Super. LEXIS 56

Syllabus

<p>Contract — Offer—Acceptance—Conditional acceptance.</p> <p>1. To constitute a contract the acceptance of the offer must be absolute and identical with the terms of the offer. If one offers another to do a definite thing and that other person accepts conditionally, or introduces a new term into the acceptance, his answer is either a mere expression of willingness to treat, or it is in effect a counter proposal.</p> <p>Contract — Oral and written contract — Question for jury.</p> <p>2. Where a contract is partly written and partly parole and there is a dispute about its terms, it is for the jury to determine what the contract is.</p> <p>Contract — Continuing contract — “Ordering out.”</p> <p>3. Where a contract for the sale of lumber provides for delivery from time to time on the purchaser’s orders the seller is not required to tender delivery until the lumber has been “ordered out” by the purchaser.</p>