Montgomery Foundry & Fittings Co. v. Hall Planetary Thread Milling Machine Co.

Opinion by

Mr. Justice Simpson,

Answering an inquiry from plaintiff, defendant wrote that it would sell to plaintiff two complete heads of its patented No. 3 Planetary Thread Milling Machine, for $1,600 each, stating that “all the working parts of the machine are practically in the heads.” Twelve days later plaintiff wrote, “Ship via our truck to us......two No. 3 Hall Planetary Heads with sprocket, chain and weight, price $1,600 each.” Evidently this resulted in negotiations between the parties as to what was intended to be included in the offer, but the details thereof were excluded by the…