Bosshardt & Wilson Co. v. Crescent Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 317, Jan. T., 1895, by plaintiff, from order of C. P. No. 4, Phila. Co., June T., 1894, No. 216, entering nonsuit. Assumpsit to recover damages for breach of contract. William W. Mellon was joined as a defendant when the suit was brought, but the record was subsequently amended by striking out his name. Plaintiff’s statement was as follows.
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Appeal, No. 317, Jan. T., 1895, by plaintiff, from order of C. P. No. 4, Phila. Co., June T., 1894, No. 216, entering nonsuit. Assumpsit to recover damages for breach of contract. William W. Mellon was joined as a defendant when the suit was brought, but the record was subsequently amended by striking out his name. Plaintiff’s statement was as follows. “ The Bosshardt & Wilson Company, a corporation organized under the laws of the state of Pennsylvania, complains of the Crescent Oil Company, Limited, and William L. Mellon, defendants, and says: “ That the defendant, the Crescent Oil Company,…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
A careful study of the evidence in the case has convinced us that there was no contractual relation between the litigants before July 31, 1898, and that their previous conversations in regard to a contract resulted and were merged in the offer contained in the defendant’s letter of that date. This letter expressed the willingness of the defendant to enter into a contract with the plaintiff on the terms stated in it, and extended to the latter for the term of sixty days the privilege of accepting or refusing the offer, on condition that if it was not accepted in…
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