Powers v. Curtis

Citations

• 147 Pa. 340
• 23 A. 450
• 1892 Pa. LEXIS 846

Syllabus

<p>Contract — Evidence.</p> <p>Defendant wrote to plaintiff stating that he would like to have him prepare some advertising leaflets. Plaintiff prepared a leaflet and sent it to defendant with the price marked upon it “ one hundred dollars, if satisfactory.” It was not satisfactory and was returned to plaintiff, who then sent the second leaflet of the series with a letter in which he said: “I put down in my book $200 against you, but I’ll wipe it all out if I cant suit you.” Defendant then replied, “ the primers are good, but I do not care to pay the price you name, your first offer is $100 for' the series; your favor of the 27th names $200; I am afraid by the time the series are finished the price would be up in the thousands.” Held, that the evidence did not disclose a contract, or the consent of two minds to a proposition.</p>