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

Negotiations took place over the sale of hay. After the hay was pressed, D made an offer to give P $9.50 per ton for all but three tons and for that he would pay $5.00 per ton. This card was mailed by D on June 15. P replied on June 20 wherein he hoped that D would have paid him $10 for the best quality but you can take the hay at your offer but if you can 'see fit to pay the $10 after getting it in please feel free to do so.' D received the letter that night, and the next day the hay was burnt in the barn. P sued D because D refused to pay for the hay.

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