Osterling v. Smith

Citations

• 61 Pa. Super. 469
• 1916 Pa. Super. LEXIS 230

Syllabus

<p>Contract — Written contract — Evidence—Declarations.</p> <p>Where a person who is about to submit a proposal for a contract, for the construction of a county court house, requests the owners of a quarry to submit him prices for stone work complete “in connection with the proposed court house,-’ and in answer to the same the owners of the quarry make an offer in writing to furnish at ¡specific prices unnamed quantities of their stone for the court house, and nine months thereafter and after the contract is awarded, the contractor accepts the offer with a modification as to the prices of two classes of stone, but without reference to quantities, times of delivery, dates of payment or other matters, such acceptance does not bind him to take more of the stone than is shipped upon his order from time to time; and declarations subsequently made by him to the effect that he intended to have the owners of the quarry furnish the stone for the whole contract are inadmissible.</p>