Fairmount Glass Works v. Crunden-Martin Wooden Ware Co.
Court of Appeals of Kentucky
Case 81 — ACTION FOR DAMAGES FOR' BREACH OF CONTRACT APPEAL PROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. There was no completed contract, because there was no agreement as to the numbers of the different sizes of jars, or as to the amount of the purchase price, dependent on these different sizes. Tiedeman on Sales, sec. 33; Smith v. Gowdy, 8 Allen (Mass), 566; Newmark on Sales, sec. 30; Fairview v. Facey, Law Reports, Appeal Oases, for 1893, p. 552; Am. & Eng.
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Case 81 — ACTION FOR DAMAGES FOR' BREACH OF CONTRACT APPEAL PROM JEEEERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. There was no completed contract, because there was no agreement as to the numbers of the different sizes of jars, or as to the amount of the purchase price, dependent on these different sizes. Tiedeman on Sales, sec. 33; Smith v. Gowdy, 8 Allen (Mass), 566; Newmark on Sales, sec. 30; Fairview v. Facey, Law Reports, Appeal Oases, for 1893, p. 552; Am. & Eng. Ency. of Law (2d ed.), vol. 7, p. 138; Adams v. Greenwood, 69 Mich., 215; Beaupre v. Pac. Co., 21 Minn., 155; Moulton v.…
1Opinion of the Court
JUDGE HOBSON
delivebed the opinion oe the coubt.
On April 20,1895, appellee wrote appellant the following letter:
“St. Louis, Mo., April 20, 1895. Gentlemen: Please advise us the lowest price you can make us on our order for ten car loads of Mason green jars, complete, with caps, packed one dozen in case, either delivered here, or f. o. b. cars your place, as you prefer. State terms and cash discount. Very truly, Crunden-Martin W. W. Co.”
To this letter appellant answered as follows:
*663“Fairmount, Ind., April 23, 1895. Crunden-Martin Wooden Ware Co., St. Louis, Mo. — Gentlemen: Replying to your…
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