Southwestern Coal Co. v. Calbeck

Citations

• 110 Kan. 768
• 205 P. 361
• 1922 Kan. LEXIS 147

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Failure to'Accept and Pay for a Carload of Coal — No Completed Contract Proven. Defendant mailed plaintiff an acceptance of a written offer for the delivery of a certain car of lignite coal in transit, adding: “If you can’t send this car, send another at once.” Plaintiff had sold the car in transit, but ordered another at the mines in Colorado, and notified defendant. That car arrived at plaintiff’s railway station four weeks later when lignite coal could not be sold at any price, and defendant refused to accept it. Earlier in the season when there was such a demand for any kind of coal that lignite coal could be readily sold, defendant had accepted a car from plaintiff after a delay of six weeks. Held, in an action to recover for the price of the coal, the acceptance of a former car under different conditions could not be relied upon as establishing a usage or custom binding upon defendant, and further held, that the delay of four weeks relieved defendant of any liability.</p> <p>2. Same. Defendant made no reply to plaintiff’s acknowledgment of the acceptance of the first offer and the notice that another car had been ordered. Held, that because the plaintiff’s second communication introduced new terms and conditions, the minds of the parties never met upon a contract.</p>