Fairmount Glass Works v. Crunden-Martin Woodenware Company

106 Ky., 659, 51 S.W. 196 (1899)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In a letter, Crunden (P) requested a quote from Fairmount (D) for D's lowest price for ten carloads of mason jars. D responded in writing on the 23rd with prices for different sizes of jars 'for immediate acceptance.' P telegraphed an order for ten car loads the next day: 'enter order ten car loads as per your quotation. Specifications mailed.' D replied to P's telegraph the same day indicating that they could not fill the order because they were sold out. D received P's specification on the 25th. It called for 'strictly first quality goods' and the shipment specifications for the first carload of goods with respect to size. P sued D for breach of contract. If an offer was made, D contends that P's reply was not an acceptance of its offer. P contends that its April 24^th telegram made a binding contract between P and D. Judgment was given to P and D appealed.