This section contains the nature of the case and procedural background.

On October 8, 1927, D sent a telegram to P. 'I am asking 23 cents per pound for the car of red clover seed from which your sample was taken. No. 1 seed, practically no plantain whatever. Have an offer 22-3/4 per pound, f. o. b. Amity.' P sent a reply as follows: 'Telegram received. We accept your offer. Ship promptly, route care Milwaukee Road at Omaha.' P eventually sued D for breach of contract. D claimed that the telegram was not an offer and moved for nonsuit. The court denied the motion and D appealed.

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