Buckberg v. Washburn-Crosby Co.

• Decision Date: 30 January 1906
• Citation: 115 Mo. App. 701,92 S.W. 733
• Parties: BUCKBERG v. WASHBURN-CROSBY CO.
• Court: Missouri Court of Appeals

92 S.W. 733

115 Mo. App. 701

BUCKBERG v. WASHBURN-CROSBY CO.

St. Louis Court of Appeals. Missouri.

January 30, 1906.

Rehearing Denied February 13, 1906.

1. SALES—QUOTATION OF PRICE—OFFER.

Plaintiff wrote defendant concerning the price of flour and defendant replied quoting certain flour at "$5.10 jute or $6.00 bulk," and stated that such quotation was for immediate wire acceptance. Held, that such letter was more than a mere quotation of price, and amounted to an offer to fill plaintiff's order at the price quoted.

2. SAME—MISTAKE.

Where a letter quoted flour for immediate acceptance "$5.10 jute or $6.00 bulk," such quotation disclosed a mistake on its face as to flour in sacks, so that plaintiff, an experienced flour buyer could not create a binding contract of sale by accepting the offer for delivery of flour in jute sacks.

Appeal from Louisiana Court of Common Pleas; David H. Eby, Judge.

Action by William Buckberg against the Washburn-Crosby Company. A verdict was directed in favor of defendant and from an order granting a new trial, defendant appeals. Reversed.

In 1904, plaintiff was engaged in the bakery and restaurant business, in the city of Louisiana, Mo., and the defendant was engaged in the manufacture of flour, in Minneapolis, Minn. On September 21, 1904, plaintiff wrote defendant, making the following inquiry: "Can you tell me if flour is going to get any cheaper, or still going to soar skyward? Please let me know." Defendant answered this inquiry by the following letter: "Minneapolis, Minn., Sept. 24, 1904. Mr. William Buckberg, Louisiana, Mo.—Dear Sir: Replying to your inquiry of the twenty-first would state, that we have absolutely no way of telling whether flour is going to advance or not. However, judging from the small amount of wheat that was raised in this country this year, and the large amount of that that is not fit for milling purposes, we should think that higher prices for flour would prevail in the future. For instance, on to-day's market, Gold Medal delivered Missouri points, is worth $5.10 jute or $6 bulk. Wish we could give you more definite information but that is simply impossible and the quotation made above is for immediate wire acceptance. Yours truly, Washburn-Crosby Co." On the day plaintiff received the above letter he wired defendant as follows: "9/26, 1904. To Washburn-Crosby Co., Minneapolis, Minn.: Send hundred fifty barrels Gold Medal Jute at your quotation of Sept. twenty-fourth. Wm. Buckberg." On receipt of this telegram, defendant shipped to itself, a car load (150 barrels) of Gold Medal flour, in jute sacks, and sent a copy of the invoice to plaintiff. To the original invoice and bill of lading, defendant attached a draft drawn on plaintiff and mailed it to the Mercantile Bank at Louisiana. The flour was billed at $6.10 per barrel and the draft was drawn accordingly. After the arrival of the flour at Louisiana and after the draft was presented by the bank to plaintiff, he wired defendant as follows: "Oct. 4th, 1904. To Washburn-Crosby Co., Minneapolis, Minn.: Flour arrived. You quoted me Gold Medal at five ten. Why have you charged me six ten. Wire answer. Wm. Buckberg." In response to this telegram defendant wired plaintiff as follows: "10/4, 1904. Dated Minneapolis, Minn., 4. To Wm. Buckberg, La., Mo.: Five ten error see our letter twenty-sixth, six ten best can do writing. Washburn-Crosby." And followed the telegram with the letter quoted below: "Minneapolis, Minn., Oct. 5, 1904. Wm. Buckberg, Esq., Louisiana, Mo.—Dear Sir: Replying to your wire of the fourth we have wired you that price of $5.10 jute in our letter of the twenty-fourth was an error. By looking at this letter very carefully you will see very clearly the price of $5.10 could not be right as we say `$5.10 jute or $6.00 bulk,' and you know very well that bulk flour is not worth 90 cts. per barrel more than the flour in jutes. Furthermore, we call your attention to our letter of the twentysixth, acknowledging receipt of your order, in which we have stated plainly that we have entered order for 210-140s Gold Medal Baker's Use at $6.10 net in sax, delivered. $6.10 is absolutely the best we can do on this flour. This is a close price and we are very sure that it will make you a profitable purchase. We trust that you will take care of the car promptly upon its arrival. However, if you are not in position to do this let us hear from you promptly and we will have the car diverted. Yours truly, Washburn-Crosby Company."

The foregoing exhibits constituted all the written evidence in the case that passed between plaintiff and defendant. William Buckberg further testified that he...