Strong v. Alexander Milling Co.

The opinion of the court was delivered by

Mason, J.:

B. Strong (whose interests have passed to Mabel Strong) and the Alexander Milling Company entered into an arrangement by telephone under which the former was to ship to the latter a car of corn by March 22. Strong failed to make the shipment within that time but undertook to fill the contract on March 27. The milling company refused to receive it. Strong .sued the company for the refusal, basing his claim on the ground that in a confirmation, to which no objection had been made, he had added a provision to the contract that if he did not fill…