Cheney Bigelow Wire Works v. Sorrell

This is an action to recover the price of a “counter rail.” The plaintiff put in evidence a postal card signed by the defendants, of which the substance is as follows: “ Please send us pice of counter screen like draft.” Upon this card was a draft of a counter screen with the measurements thereof. The court rightly ruled that this order was unmeaning and unintelligible, and that it could not be construed as an order for a piece of counter railing. It presents a case of incurable uncertainty; and the court properly refused to submit it to the jury to determine whether the letters “ pice ”…