Legal Opinion

Minneapolis & St. Louis Railway v. Columbus Rolling Mill

Supreme Court of the United States

Decided November 29, 1886PublishedCited by 150 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. • This was an action' by a railroad corporation established at Minneapolis in the State of Minnesota against a manufacturing corporation -established- at Columbus in the State of Ohio; The petition alleged- that on December 19, 1879, the parties ■ made á contract by’which the plaintiff agreed to buy of tho defendant, and the defendant sold to the plaintiff, two thousand tons of iron rails of…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. • This was an action' by a railroad corporation established at Minneapolis in the State of Minnesota against a manufacturing corporation -established- at Columbus in the State of Ohio; The petition alleged- that on December 19, 1879, the parties ■ made á contract by’which the plaintiff agreed to buy of tho defendant, and the defendant sold to the plaintiff, two thousand tons of iron rails of the weight of fifty pounds per yard, at the price of fifty four dollars per ton gross, to be. delivered free on board…

1Opinion of the Court

Me. Justice Geay,

after making tbe foregoing statement'-of the case;, delivered the opiniop. of the court.

The rules of law which govern this case are ivell settled. As no contract is complete without the mutual assent of the parties, an offer to sell imposes no obligation until it is accepted according to its terms. So long as the offer has been neither accepted nor rejected, the negotiation remains open, and imposes no obligation upon either party; the one may decline to accept, or the other may withdraw his. offer'; and either rejection or withdrawal leaves the matter as if no offer had ever…

2Cases cited4 opinions

  1. Pence v. LangdonSupreme Court of the United States · 1879
  2. National Bank v. HallSupreme Court of the United States · 1880
  3. Carr v. DuvalSupreme Court of the United States · 1840
  4. Orr v. HodgsonSupreme Court of the United States · 1819

3Cited by150 opinions

  1. Genesis HealthCare Corp. v. SymczykSupreme Court of the United States · 2013
  2. Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
  3. George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
  4. Crellin Technologies, Inc. v. Equipmentlease Corp.Court of Appeals for the First Circuit · 1994
  5. City and County of Denver v. New York Trust Co.Supreme Court of the United States · 1913

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