The L. Starks Company v. Brewer

• Decision Date: 11 April 1908
• Docket Number: 15,406
• Citation: 77 Kan. 610,95 P. 402
• Parties: THE L. STARKS COMPANY v. J. E. BREWER
• Court: Kansas Supreme Court

95 P. 402

77 Kan. 610

THE L. STARKS COMPANY v. J. E. BREWER

No. 15,406

Supreme Court of Kansas

April 11, 1908

Decided January, 1908.

Error from Dickinson district court; OSCAR L. MOORE, judge.

Judgment affirmed.

SYLLABUS

SYLLABUS BY THE COURT.

CONTRACTS--Sale of Personalty--Offer and Acceptance. The defendant sent a letter to the plaintiff which reads "Gentlemen--Kindly quote me your lowest price on a car of bright Early Ohio seed potatoes. I am not particular about the shipment being made for several weeks, but if the mild weather continues it will not be long before we will need them." Plaintiff answered by a letter which reads: "Referring to yours of 13, beg to advise that we would quote you on a car or two of our Wisconsin Ohio potatoes at 88c per bushel sacked, delivered Abilene. Quote this price to you subject to your acceptance by Wednesday. If you wished us to hold the stock for you beyond the first of February we would sell you under contract and ask you to carry $ 100 per car of the cost." The defendant replied by the following telegram: "Letter received, accept for two cars, send along your contracts." Held, that this correspondence does not constitute a contract for the sale of two car-loads of potatoes at 88 cents per bushel, delivered at Abilene, but the defendant by his telegram intended to accept the offer contained in the last clause of the plaintiff's letter.

C. C. Towner, for plaintiff in error.

S. S. Smith, for defendant in error.

OPINION

GRAVES, J.:

This is an action by the L. Starks Company to recover from J. E. Brewer the price of two carloads of potatoes. The action was commenced in the district court of Dickinson county July 11, 1906. A demurrer to the petition, on the ground that it did not state facts sufficient to constitute a cause of action, was sustained, and the plaintiff brings that question here for review. The petition alleges a sale of the potatoes upon a written contract consisting of correspondence, which reads:

(Letter from defendant to plaintiff.)

"ABILENE, KAN., January 13, 1906.

"L. Starks Company, Chicago, Ill.:

"GENTLEMEN--Kindly quote me your lowest price on a car of bright Early Ohio seed potatoes. I am not particular about the shipment being made for several weeks, but if the mild weather continues it will not be long before we will need them. Yours truly,

J. E. BREWER."

(Letter from plaintiff to defendant.)

"CHICAGO, January 15, 1906.

"J. E. Brewer, Abilene, Kan.:

"DEAR SIR--Referring to yours of 13, beg to advise that we would quote you on a car or two of our Wisconsin Ohio potatoes at 88c per bushel sacked, delivered Abilene. Quote this price to you subject to your acceptance by Wednesday. If you wished us to hold the stock for you beyond the first of February we would sell you under contract and ask you to carry $ 100 per car of the cost. Yours truly, L. STARKS COMPANY."

(Telegram from defendant to plaintiff.)

"L. Starks Company, Chicago, Ill.:

"Letter received, accept for two cars, send along your contracts.

J. E. BREWER."

The foregoing letter of the...