J. H. Garrison & Son v. Sherill Hardwood Lumber Co.

The defendant company was formerly the Colfax Hardwood Lumber Company, and, under the latter name, entered into the following contract with plaintiffs, a commercial partnership, on February 2, 1917:

“Garrison & Sons, Garrison, Tex. — Gentlemen: (‘Quotations subject to change without notice. All agreements subject to strikes, accidents and other delays unavoidable or beyond our control.’)

“We offer as follows: 25,000 No. 1 white oak ties 6x8x8 at 40 cents f. o. b. cars, points on L. R. & N. Ry. between Winnfield, Aloha, Oampti, and Alexandria, La.

“Time. — We will agree to deliver these ties as…