Coastwise Lumber & Supply Co. v. Stitzinger

Opinion by

Linn, J.,

The question is whether certain correspondence shows a contract to sell. The buyer sued for failure to deliver; the seller denied the sale. The court submitted the case to the jury who found for plaintiff. Defendant appeals.

On May 4, 1917, plaintiff, in New York, by letter confirmed an order placed with appellant for nine cars of lumber, specifying price and delivery.

On May 9th at New Castle, Pa., appellant acknowledged receipt of that confirmation, but instead of accepting without condition, inquired about the routing and stated, “It being the first business with you, it…