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Contracts Keyed to Summers
Eliason v. Henshaw
Facts
On February 10, 1813, (Defendants) sent a letter from Harper’s Ferry to the seller (Plaintiff) at Mill Creek offering to purchase flour at $9.50 per barrel. The letter was sent to Plaintiff by wagon. The letter required that an acceptance by Plaintiff be sent to Defendants by the same wagon returning to Harper’s Ferry. Plaintiff received the offer on February 14, 1813. Plaintiff sent a letter accepting the offer to Defendants at Georgetown on February 19, 1813. On February 25, 1813, Defendants sent Plaintiff a letter acknowledging receipt of Plaintiff’s acceptance, but stating that, because they had not heard from Plaintiff previously, they had purchased flour elsewhere. In March 1813, Plaintiff delivered the flour to Georgetown. Defendants refused to accept the delivery. Defendants moved to instruct the jury that if their evidence was found to be true, Plaintiff was not entitled to recover on the alleged contract. The court did not give the requested instruction and judgment was rendered for Plaintiff. Defendants appealed.
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