OPINION
DEEMER, J.
Plaintiffs
are manufacturers of furniture and office fixtures, doing
business in the city of Ottumwa. Some time during the fall of
the year 1894, one T. A. Stebbins, a member of the defendant
firm, which is engaged in the restaurant business at the town
of Bonaparte, went to Ottumwa for the purpose of buying a
back case, counter, drip boards, etc., with which to fit up
their place of business. He proceeded to plaintiffs'
office, and there found one Snook, who was foreman in
plaintiffs' factory, but who, it appears, had no
authority to make contracts with reference to any goods which
had to be specially manufactured. Stebbins told Snook what he
wanted, and together they visited different places in the
city to inspect the character of plaintiffs' work, one of
these being what is known as the "Ballingall Billiard
Hall Annex." Snook made a memorandum of Stebbins'
wants, which he afterwards submitted to Mr. Dietrich, of the
plaintiff firm, who, it seems, had charge of the matter of
making estimates for such work as the defendants wanted. At
the time he submitted the memorandum to Dietrich, Snook
informed him that he had taken Stebbins to various places
where the plaintiffs had furniture which had been
manufactured by them.
Stebbins
returned to his home, and thereafter plaintiffs wrote him the
following letter: "Ottumwa, Iowa Sept. 20th, 1894.
Messrs. Stebbins Bros., Bonaparte, Iowa--Gentlemen: In reply
to your request when you were at our place, will give you the
following estimate: 1 back case, similar to the one you saw
in the Ballingall, 16 feet long, made of pine, with hard oil
finish, with mirror about 30 inches by 100 inches, plain; 1
counter, 16 feet long, and about 30 inches wide and 50 high
pine, with oak top, same finish; 1 drip board for same, 9
feet long, with zinc top, and two tanks, 12 inches by 9
inches, and faucets; 1 counter, for show case
18 feet long, about 26 inches wide, and 26 inches high, with
to open, except 4 feet on one end; 1 counter for same, 14
feet, same dimension as other. We can furnish you the above,
all in good shape, f. o. b. Ottumwa, for the sum of two
hundred and fifty dollars ($ 250.00). If top of drip board be
of copper, add $ 5.00. Hoping to receive your order for the
above, we remain, yours, truly, [Signed] Dietrich & Capell." On the same day defendants wrote plaintiffs the
following:
"Bonaparte,
Iowa Sept. 20th, 1894. Capell & Dietrich, Ottumwa,
Iowa--Gentlemen: We expected to hear from you to-day, with
prices of counters, etc. Other bids are all in. We bought
to-day marble slab, 99 inches, for butcher counter. Please
make us price on counter to fit it, and let us hear from you
at once. The lunch counter wants to be 45 inches high from
top to bottom. Yours, truly, [Signed] Stebbins Bros."
In
response to plaintiff's first letter, defendants wrote
the following: "Bonaparte, Iowa Sept. 22d, 1894.
Dietrich & Capell, Ottumwa, Iowa--Gentlemen: Yours 20th at
hand. We are quite surprised at your price. We did not expect
it to be near so high, besides, the lunch counter
was to be 20 feet long, not 16. We think 50 inches is too
high, 45 inches from the floor to the surface on top is just
right. Now, we will not buy the stuff only delivered in our
building and set up. We wrote you on the 20th what our
butcher counter would be. We want counter to fit it. We will
make you this offer, which you must accept or decline at
once, for the stuff described in your letter 20th, except the
lunch counter is to be 20 feet as talked and this butcher
counter all delivered here and set up. We will give you $ 250
spot cash when the work is completed. Yours, truly, Stebbins
Bros."
To
which the plaintiffs replied as follows:
"Ottumwa, Iowa September 24, 1894. Stebbins
Bros., Bonaparte, Iowa--Gentlemen: Yours of 22d just at hand,
and in reply say that we are sorry to say that we cannot
accept your offer for the work as we have given you estimate
on, but will make you another offer. We will make you the
butcher counter and set the whole job up in your store for ($
275) two hundred and seventy-five dollars. We can make you
the job, by making it a little cheaper, and perhaps it might
suit you as well, for $ 250; but we would have to cheapen it
up just that much. This is reducing the price on the work
some, as it will cost more than the $ 25 to make the one
counter and set the job up. Hoping this may be satisfactory,
and that we may receive your order for the above, we are,
yours, respectfully, Dietrich & Capell."
Thereupon
the defendants wrote the following:
"Bonaparte
Iowa ...