Pearce v. Dulien Steel Products, Inc.

This is an appeal by plaintiff from an order dismissing the action after a demurrer to his amended complaint had been sustained.

It is alleged in the amended complaint: That respondent is engaged in the business of buying and selling steel products; that, on October 22, 1940, appellant, by letter, offered to buy two cars of “70 lb. rail and angle bars at this time for $15.00 per gross ton f. o. b. Armstead. . . . ” To his proposal, respondent replied under date of October 23,1940: “We would not be interested in selling two . . . cars at any price of $15.00, but would accept price on two cars…