Holladay-Klotz Land & Lumber Co. v. Beekman Lumber Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The true contract was on the terms not of the original order, but of the varying acceptance, which did not provide for the rejection of mill culls. 9 Cyc. 265; Taylor v. Van Schreider, 107 Mo. 206; Mumford v. Wilson, 15 Mo. 540; Strange v. Crowley, 91 Mo. 287; McLean v. Pastime Gym. Asso., 64 Mo. App. 55; Can-gas v. Rumsey Mfg. Co., 37 Mo. App. 297; Howard v. Scott, 98 Mo.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The true contract was on the terms not of the original order, but of the varying acceptance, which did not provide for the rejection of mill culls. 9 Cyc. 265; Taylor v. Van Schreider, 107 Mo. 206; Mumford v. Wilson, 15 Mo. 540; Strange v. Crowley, 91 Mo. 287; McLean v. Pastime Gym. Asso., 64 Mo. App. 55; Can-gas v. Rumsey Mfg. Co., 37 Mo. App. 297; Howard v. Scott, 98 Mo. App. 514; 9 Oyc. 269, 270; 1 Page on Cont., sec. 46; 1 Beach, Cont., sec. 55. (2) Plaintiff permitted defendant to take the first two car loads with mill…
1Opinion of the CourtBroaddus, P. J.
The defendant, a company dealing in lumber, entered into a contract with plaintiff, a company manufacturing lumber from logs, for-the purchase of a lot of lumber. The contract called for five to ten cars, each, of maple and elm lumber of a certain description. This contract was the result of correspondence. Plaintiff answered a circular letter of defendant seeking the purchase of lumber, in which it asked the price defendant would pay, its terms, etc. *180Defendant replied, this reply constituting an offer, which was accepted with a qualification by plaintiff. This qualification was that…
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