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

Cowan (D) wanted to buy two carpets as per the specification of a letter written to Crook (P). The letter gave an express set of instructions to P and only required P to notify D if he wanted payment by terms different from the letter. D did not receive a reply to his first letter and sent a follow-up to determine if P was even interested in the deal. Then D received a reply that the carpets had already been delivered. D then wrote another letter expressing surprise that the carpets were there especially since his first letter was never acknowledged by P. P sued. The trial court declined to give certain jury instructions about the fact that because P never acknowledged the order, D was discharged from the contract. D also wanted an instruction that there was no contract. The verdict went to P and D appealed.

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