Gordon v. Beck & Gregg Hardware Co.

(After the above statement of facts.) We do not think that the petition showed that no contract of sale was made because there was no unconditional acceptance of the defendant’s order; or that the petition showed that the suit was barred by the statute of frauds. These two contentions will be treated together. All of the correspondence between the parties must be considered. Briefly, it appears therefrom that the plaintiff wrote the defendant offering to sell the two kinds of gymnasiums subsequently ordered by the defendant, one at $12.75 each and the other at $13.40 each, and shortly…