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Contracts Keyed to Epstein
Brewer v. Lepman
Citation:127 Mo. App. 693 (1908)
Defendants are dealers in eggs at Chicago and plaintiff is such dealer at Abilene, Kansas. On February 7, 1906, defendants wishing to purchase a car load of fresh eggs at 18 counts per dozen telegraphed on that day to plaintiff as follows: “offer eighteen delivered car fresh eggs ship today prompt wire acceptance.” On the same day plaintiff telegraphed from Abilene his acceptance of the offer in these words: “Your offer eighteen accepted for today’s car.” On the same day defendants telegraphed back to plaintiff that his acceptance was too late, and offering to take them at a discount. The eggs were shipped when the telegram was received, and plaintiff refusing the offer for discount, defendants refused to accept them. The plaintiff brought an action for the difference in value of the eggs. The evidence discloses that defendants’ telegram requiring prompt acceptance was delivered at plaintiff’s place of business at 10:05 o’clock a.m. At about 12 plaintiff wrote the acceptance. Defendant alleges that the time for acceptance had lapsed.
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