Trusler Grain Co. v. Earlton Grange Coöperative Ass'n

The opinion of the court was delivered by

West, J.:

This is an appeal by the plaintiff from an order striking from its petition all reference to a certain letter of confirmation following an exchange of communications between the parties touching a purchase of grain.

On October 28, 1919, the defendant wrote the plaintiff in response to an inquiry—

“On reflection I have decided to load you one or two cars of wheat at your offer of 8c above Government price, no Com. if we can get the cars’15 or 20 days shipment. Let us know where to order the cars to.”

The plaintiff in reply wired: “Book two cars…