Coad v. Rogers
Supreme Court of Iowa
Appeal from Gherolcee District Court. — FIon. J. F. Oliver, J udge. The petition alleges that the parties entered into a written contract, through the correspondence which follows, for the sale of a stock of drugs at Washta: “Washta, Iowa, October 25th, 1898. Mr. J. A. Ooad, Hull, Iowa — Dear Sir: I have been thinking the matter over since you left. Well, when you was here last winter there was $1,500.00 against the stock, but now there is only $1,000.00 against it now.
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Appeal from Gherolcee District Court. — FIon. J. F. Oliver, J udge. The petition alleges that the parties entered into a written contract, through the correspondence which follows, for the sale of a stock of drugs at Washta: “Washta, Iowa, October 25th, 1898. Mr. J. A. Ooad, Hull, Iowa — Dear Sir: I have been thinking the matter over since you left. Well, when you was here last winter there was $1,500.00 against the stock, but now there is only $1,000.00 against it now. If you arrange so I could get $2,000.00 in cash, I will take the $3,000.00 for the stock, and guaranty it will invoice…
1Opinion of the CourtLadd, C. J.
A direct acceptance is not contained in the letter of Co ad, and is not necessarily to be implied therefrom. Apparently any committal on his part was studiously avoided. It was precisely such a communication as would be made in order to retain the opportunity without deciding to accept. Analyzed, his letter no more than (1) acknowledges the receipt of Roger’s letter; (2) mentions dates when he may be in Washta; (3) expresses a wish to have possession November 1st; and (4) suggests an arrangement by which he might obtain a permit — presumably to sell intoxicating 1'iquors — in six months…
2Cases cited1 opinion
- Goodenow v. BarnesSupreme Court of Iowa · 1875
3Cited by6 opinions
- Foshier v. FetzerSupreme Court of Iowa · 1912
- Jameson v. Joint Drainage District No. 3Supreme Court of Iowa · 1921
- Des Moines Marble & Mantel Co. v. SeeversSupreme Court of Iowa · 1926
- Gibson v. MillerSupreme Court of Iowa · 1933
- Blakesburg Savings Bank v. BlakeSupreme Court of Iowa · 1929
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