J. P. Stevens & Co., Inc. v. Great Falls Paper Co.

Mr. Justice Morris :

I dissent. The general rule relating to price quotations has no application here by reason of the particular circumstances involved. The plaintiff was advised by the defendant’s letter of .August 3, 1939, that the quotation of the price was desired as the basis for a bid for a state contract, and one of plaintiff’s salesmen who took part in the negotiations testified that he knew -that the prices submitted to the defendant were for the purpose of preparing the state bid. The plaintiff was at liberty to submit prices for defendant’s purpose or decline to do so, and if…