Contracts Keyed to Burton
Cole-McIntyre-Norfleet Co. v. Holloway
Cole-McIntyre-Norfleet Co.’s, Defendant’s, sales man went to Holloway’s, Plaintiff’s, store and solicited a purchase from Plaintiff to buy fifty barrels a perishable good, meal. Defendant told Plaintiff that Plaintiff could request the delivery of the meal, so long as Plaintiff notified Defendant by July 31, 1917. Also, Plaintiff would be charged for any stored barrels that were not requested in time. Defendant’s salesman went to Plaintiff’s store once day every week after he placed the order, but the salesman never spoke of the order during the visits. On May 26, 1917, Plaintiff requested that his barrels be delivered to him. Nevertheless, Defendant stated that Defendant would not accept the order because a contract did not exist. From March 26,the date the order was place, and May 26, the date Plaintiff requested delivery, the market price for meal increased substantially. Plaintiff initiated this action against Defendants seeking to recover damages from the excess in price. Both the circuit court and court of appeals ruled against Defendant because Defendant unreasonably amount of time to inform Plaintiff that it the order itself did not constitute an acceptance, created a valid contract. Defendant appealed.
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