Pillsbury Flour Mills, Inc. v. Independent Bakery, Inc.

— On August 23,1929, the defendant gave to a traveling salesman of the plaintiff two written orders for flour to be shipped by the plaintiff from Portland, Oregon, and Minneapolis, Minnesota, to the defendant, at Yakima, final delivery to be made on or before January 1, 1930. Both orders, which are on printed forms prepared by the plaintiff, were signed by the plaintiff’s traveling salesman and by the defendant’s president for the defendant. Both orders provide, as follows, that the contract shall not become binding on the plaintiff until it confirms the contract by letter or telegram:

“It is…