Price v. Atkinson

• Decision Date: 27 February 1906
• Parties: PRICE et al. v. ATKINSON.
• Court: Missouri Court of Appeals

94 S.W. 816

117 Mo. App. 52

PRICE et al. v. ATKINSON.

St. Louis Court of Appeals. Missouri.

February 27, 1906.

1. CONTRACTS—SALES—OFFER—ACCEPTANCE.

An acceptance of an order for goods communicated by mail is effectual when the letter of acceptance properly directed and stamped is deposited in the post office, or, if by wire, when the telegram is paid for and delivered to the telegraph company.

2. SAME—REVOCATION OF OFFER.

A revocation of an order for goods does not take effect until the letter or telegram revoking the order is actually received.

3. SALES — VALIDITY OF CONTRACT — INDEFINITE OFFER.

Where defendant ordered from plaintiff jewelry from plaintiff's stock to a specified value, the order to be made up of the articles named in the order, but no definite quality, price, or number of any one or more of the articles was mentioned, and plaintiff selected goods to the value named and shipped them to defendant, there was no binding contract of sale owing to the indefiniteness of the order.

Appeal from Circuit Court, Greene County; James T. Neville, Judge.

Action by Milbert F. Price and others against J. E. Atkinson. Judgment in favor of defendant, and plaintiffs appeal. Affirmed.

Plaintiffs are partners doing business under the firm name of the Puritan Manufacturing Company, of Iowa City, in the state of Iowa. They are manufacturers of jewelry and novelties. Defendant is a merchant doing business in the city of Springfield, Mo. On January 30, 1905, C. L. Turley, plaintiffs' traveling salesman, presented himself at defendant's place of business and took from him what purports to be an order for goods of plaintiffs' manufacture. So much of the order as is pertinent to the issues in the case is as follows:

"Belt buckles or pins from 15 cents to $2.00 each; charms and lockets from 15 cents to $2.50 each; pin sets (three in set) from 15 cents to $1.25 per set; dress buttons sets (three in set) 16 cents to $1.00 per set; single studs 50 cents each; ditto link sleeve buttons from 15 cents to $1.25 pair; emblem pins and buttons 30 cents to 50 cents each; lace pins 16 cents to $1.50 each; collar buttons from 12 cents per dz. to $1.44 per dz.; scarf pins from 8 cents to $1.25 each; set and signet rings from 25 cents to $2.25 each; friendship and baby rings from 15 cents to 35 cents each; chased band rings from 35 cents to 95 cents each; plain band rings from 50 cents to $1.05 each; silk fobs from 90 cents to $1.50 each; vest chains or metal fobs $1.25 to $3.00 each; sleeve buttons from 15 cents to $1.25 per pair; ladies long and neck chains from 75 cents to $2.75 cents each; hat pins from 10 cents to 50 cents each; bracelets from 85 cents to $2.25 each. Delivered f. o. b. transportation companies and amounting to $380.00, which can be paid one-fourth in three months, one-fourth in six months, one-fourth in nine months and one-fourth in twelve months, without interest, if acceptances are given within ten days from date of invoice; otherwise, terms are net cash fifteen days or six per cent. discount cash ten days.

"The Puritan Manufacturing Company is hereby authorized at their option to reduce, but not increase the amount of this order, and if thus reduced same to stand as if originally so given.

"P. O., Springfield. State, Mo. County Greene.

                                     "Date, Jan. 30th, 1905
                

"Puritan Mfg. Co., Factory: Please ship at your earliest convenience the goods listed in this order upon the terms named herein and no others, all of which I fully understand and approve.

"Express Office, Springfield.

                                     "J. E. Atkinson
                                         "Owner of Store
                

"Freight Office, Springfield,

                                         "C. L. Turley
                                  "Salesman for P. Mfg. Co
                

"Loan Show Case, No. 20."

The order was mailed to plaintiffs and received by them on February 1, 1905. Their evidence shows that, on the day of the reception of the order, they packed the show case and delivered it to the Chicago, Rock Island & Pacific Railroad Company, consigned to the defendant at Springfield, Mo., and selected and packed $380 worth of jewelry of their own manufacture and delivered the package to the United States Express Company to be carried to Springfield, and there delivered to defendant. On the same day plaintiffs wrote defendant as follows, and inclosed an invoice of the goods: "2/1, 1905. J. E. Atkinson, Springfield, Mo.— Dear Sir: We have received your order of January 30th, given our Mr. Turley, for an assortment of our goods, which we believe we have filled in a way to give you entire satisfaction. We thank you very much for the order, and trust that our business relations may be long and pleasant and profitable to all parties. The show case goes forward by freight, taken apart and compactly packed to insure safety and reduce transportation charges. Before shipment, it was set up and all parts carefully fitted. A card is inclosed with the case, giving directions for putting it together, and we think you will have no difficulty in doing so. If any of the parts do not seem to fit, it is undoubtedly because you have not tried the right piece in the right place; a little patience will put it together all right. We inclose B-L herewith for same. The other goods go forward by express, as the transportation companies will not accept this class of goods by freight, etc. Yours very truly, Puritan Mfg. Company....