Wolff v. Wells, Fargo & Co.

Citations

• 115 F. 32
• 52 C.C.A. 626
• 1902 U.S. App. LEXIS 4182

Syllabus

<p>3. Appeal — Review—Action Tried to Court.</p> <p>Where, by stipulation, a jury is waived in the circuit court, the facts as found by the court are not subject to review by the appellate court</p> <p>2. Sales — Construction op Contract — Evidence to Explain Ambiguity.</p> <p>Where a written offer, which was accepted, for the sale of cement to be used in the construction of a certain building, stated that it named a price “for what you- may require, on about 5,000 barrels, more or less,” the language was not so clear and unambiguous as to the quantity to be furnished as to render it error for the court to admit evidence of a previous conversation between the parties, which was expressly referred to in such offer.</p> <p>8. Same — Building Materials — Construction as to Quantity.</p> <p>Defendant submitted to plaintiff a written offer, stating that “we take pleasure in submitting to you our quotation on * « * cement for use in the new * * * building now in course of construction. We will name you a price for what you may require, on about 5,000 barrels, more or less, * * * delivered at the building site * * * in quantities to be designated by you.” The offer was accepted. 'Held, that the contract was not'one to deliver any particular quantity, but to deliver so much as might be required • in the construction of the building; the designation of “about 5,000 barrels, more or less,” being merely the estimate of the parties as to the quantity which would be required.</p>