Buckberg v. Washburn-Crosby Co.
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Hon. Damd H. Eby, Judge. The letter of September 24, 1904, from appellant to respondent, did not form tbe basis for this suit. It was merely a “quotation of prices.” Tbe beginning of tbe attempted contract is tbe telegram dated September 26, 1904, from Buckberg to tbe company. Tbe terms of tbe telegram were never accepted and there was no “meeting of minds” upon a completed contract.
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Appeal from Louisiana Court of Common Pleas. — Hon. Damd H. Eby, Judge. The letter of September 24, 1904, from appellant to respondent, did not form tbe basis for this suit. It was merely a “quotation of prices.” Tbe beginning of tbe attempted contract is tbe telegram dated September 26, 1904, from Buckberg to tbe company. Tbe terms of tbe telegram were never accepted and there was no “meeting of minds” upon a completed contract. Tbe price offered, and tbe price, at which tbe flour was shipped, were different. 7 Am. and Eng. Ency. of Law (2 Ed.), page 138, par. 2; James & Sons v. Fruit Jar &…
1Opinion of the CourtBland, P. J.
(after stating the facts.) — It will be observed that defendant’s letter of September twenty-fourth contains no direct offer to sell flour in jute sacks, at five dollars and ten cents per barrel, but that it is a mere quotation of that day’s market. On the strength of this quotation plaintiff telegraphed defendant as follows: “Send hundred fifty barrels Gold M'edal jute at your quotation of Sept, twenty-fourth.” The flour was shipped, consigned to defendant, and billed at six dollars and ten cents per barrel instead of five dollars and ten cents, the market price previously quoted. On the…
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- Nickel v. Theresa Farmers Co-Operative Asso.Wisconsin Supreme Court · 1945
- Fransen v. StateSouth Dakota Supreme Court · 1932
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