Minnesota Linseed Oil Co. v. Collier White Lead Co.
U.S. Circuit Court for the District of Minnesota
This action was removed from the state court and a trial by jury waived. The plaintiff seeks to recover the sum of $2,151.50, with interest from September 20, 1875 — a balance claimed to be due for oil sold to the defendant The defendant, in its answer, alleges that on August 3d, 1875, a contract was entered into between the parties, whereby the plaintiff agreed to sell and deliver to the defendant, at the city of St. Louis, during the said month of August, twelve thousand…
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This action was removed from the state court and a trial by jury waived. The plaintiff seeks to recover the sum of $2,151.50, with interest from September 20, 1875 — a balance claimed to be due for oil sold to the defendant The defendant, in its answer, alleges that on August 3d, 1875, a contract was entered into between the parties, whereby the plaintiff agreed to sell and deliver to the defendant, at the city of St. Louis, during the said month of August, twelve thousand four hundred and fifty (12,450) gallons of linseed oil for the price of fifty-eight (58) cents per gallon, and that the…
1Opinion of the Court
NELSON, District Judge.
It is well settled by the authorities in this country, and sustained by the later English decisions, that there is no difference in the rules governing the negotiation of contracts by corespondence through the post-office and by telegraph, and a contract is concluded when an acceptance of a proposition is deposited in the telegraph office for transmission. See 14 Am. Law Keg. 401, “Contracts by Telegraph,” article by Judge Kedfield, and authorities cited; also, Trevor v. Wood, 36 N. Y. 307.
The reason for this rule is well stated in Adams v. Lindsell, 1 Barn. & Ald. 681.…
2Cases cited3 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Trevor v. . WoodNew York Court of Appeals · 1867
- Vassar v. . CampNew York Court of Appeals · 1854
3Cited by16 opinions
- Burton v. United StatesSupreme Court of the United States · 1906
- Ivey v. Kern County Land Co.California Supreme Court · 1896
- Thompson v. BurnsIdaho Supreme Court · 1908
- Haas v. MyersIllinois Supreme Court · 1884
- Western Union Telegraph Co. v. SightsSupreme Court of Oklahoma · 1912
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