Moore-Seaver Grain Co. v. Blum Milling Co.

On Rehearing.

GALLAGHER, C. J.

Appellee, Blum Milling Company, has filed an elaborate and able motion for rehearing.

There is no question that parties may make a binding contract over the telephone which can be enforced, and the rule is also well established that a written confirmation by the seller which is pot signed nor accepted by the purchaser does not necessarily super sede the positive and. definite contract made over the telephone. Flour Mills v. Farmers Elevator Co. (Mo. App.) 247 S. W. 480; Paducah Mill & Elevator Co. v. Marshall (Ky.) 246 S. W. 30. It is equally true that a verbal…