Allen B. Wrisley Co. v. Mathieson Alkali Works
Appellate Court of Illinois
Trespass on the Case, on promises. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902. This action was brought by appellee to recover $5,603.35, the stated price of 522 drums of caustic soda, which it had delivered during the months of November and December, 1899, to appellant.
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Trespass on the Case, on promises. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902. This action was brought by appellee to recover $5,603.35, the stated price of 522 drums of caustic soda, which it had delivered during the months of November and December, 1899, to appellant. The transactions between the parties had their origin in the following written memorandum, appellee being a manufacturer of caustic soda, and appellant a maker of soap, and having in its business use for much caustic soda. “…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the court.
The memorandum, dated July 18, 1898, was manifestly not a contract. It was but an offer on the part of appellee which might, or might not, be accepted by appellant. Appellant was not only at liberty to make no order whatever for caustic soda, but in no'event was bound to order, or was appellee bound to supply more than appellant’s consumption of such soda.
We do not understand appellant to seriously contend that this memorandum amounted to more than an offer. While it is insisted that the offer was accepted, and thereby became a…
2Cases cited7 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Vogel v. PekocIllinois Supreme Court · 1895
- Harber Bros. v. Moffat Cycle Co.Illinois Supreme Court · 1894
- Bailey v. AustrianSupreme Court of Minnesota · 1873
- American Refrigerator Transit Co. v. ChiltonAppellate Court of Illinois · 1901
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