Dietrich v. Stebbins

• Decision Date: 12 December 1896
• Citation: 100 Iowa 426,69 N.W. 564
• Parties: DIETRICH ET AL. v. STEBBINS ET AL.
• Court: Iowa Supreme Court

100 Iowa 426

69 N.W. 564

DIETRICH ET AL.

v.STEBBINS ET AL.

Supreme Court of Iowa.

Dec. 12, 1896.

Appeal from district court, Van Buren county; M. A. Roberts, Judge.

Action at law to recover the contract price of certain furniture manufactured and delivered to the defendants. Defense, that the furniture did not comply with the terms of the contract, and a counterclaim for damages. Verdict and judgment for plaintiffs. Defendants appeal. Reversed.Wherry & Walker, for appellants.

Work & Brown, for appellees.

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 top 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 plaintiffs' 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 have bought the slab, which is just 99 inches long. 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 ft. 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, Sept. 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...