Austin Co. v. Tillman Co.

BURNETT, C. J.,

Dissenting. — This is an action by the plaintiff to recover a balance alleged to be due on the purchase price of an asphalt mixing plant. The transaction was begun by the defendant’s addressing to the plaintiff the following order:

“F. C. Austin Company, Inc.,

“Chicago, Illinois.

“Gentlemen:

“Please enter order and ship to our address Astoria, Oregon, one Austin Portable Asphalt Mixing Plant as described on pages No. 32 and 33 of your catalogue and for which we agree to pay eighty-seven hundred dollars f. o. b. Astoria, Oregon. Payment to be made in cash within ten days after plant…