Case Threshing Machine Co. v. Donalson

The plaintiff in error sued Donalson for the agreed price of certain machinery which it alleged had been shipped and tendered .to him in accordance with the terms and conditions of his written order. The writing stipulated that the order should not be binding until signed both by the purchaser and by the seller before the delivery of the machinery, and that the order was taken subject to acceptance or rejection by the seller. The petition alleged that the machinery had been shipped and tendered to the defendant, but failed to allege that the order had been signed by the seller before the…