J. Thompson & Sons Manufacturing Co. v. Perkins & Son
Supreme Court of Iowa
Appeal from Story District Court. — Hon. B. P. Birds all, Judge. The plaintiff is a manufacturing firm, at Beloit, Wis. In November, 1892, the defendant firm, doing business at Ames, Iowa, gave to one Baldwin, a traveling salesman for plaintiff, a written order for agricultural implements, to be shipped to Ames, about February 14,1893. The amount of the order, after the deduction of the value of one plow, was two hundred and thirty-six dollars and twenty-five cents.
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Appeal from Story District Court. — Hon. B. P. Birds all, Judge. The plaintiff is a manufacturing firm, at Beloit, Wis. In November, 1892, the defendant firm, doing business at Ames, Iowa, gave to one Baldwin, a traveling salesman for plaintiff, a written order for agricultural implements, to be shipped to Ames, about February 14,1893. The amount of the order, after the deduction of the value of one plow, was two hundred and thirty-six dollars and twenty-five cents. The written order contained numerous conditions, and was signed “Perkins & Son.” After the signature is the following: “Accepted…
1Opinion of the CourtGranger, J.
1 2 I. From appellant’s argument it
appears that the court below, in ruling on the demurrer, took the view that the only acts of approval of the order pleaded are the card of November 17,1892, and the shipment of the implements. Until the order was accepted, there was no contract. The acceptance must have been in such a way that both parties could know the contract was complete. No mere mental acceptance would be sufficient, and we do not understand appellant to claim, that it would. The order was conditioned, and, before acceptance, defendants had the right to countermand it. Benj. Sales…
2Cited by6 opinions
- Lampman v. BruningSupreme Court of Iowa · 1903
- Port Huron MacHinery Co. v. WohlersSupreme Court of Iowa · 1928
- Reddick v. Webb, Collins and KirbySupreme Court of Oklahoma · 1897
- Durkee v. SchultzSupreme Court of Iowa · 1904
- Reid v. Northwestern Implement & Wagon Co.Supreme Court of Minnesota · 1900
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