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Contracts Keyed to Kuney
Courteen Seed Co. v. Abraham
Citation:129 Or. 427, 275 P. 684 (1929).
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On September 21, 1947, Abraham mailed out samples of clover seed to different people. The outside of the envelope said “Red clover, 50,000 lbs. like sample. I am asking 24 cents per, f.o.b. Amity, Oregon.” Courteen acknowledged receipt of the sample, but advised that it preferred to wait. On October 4th, Abraham wrote Courteen agains and sent a special sample. Courteen wired Abraham on October 8th stating: “Special delivery sample received. Your price too high. Wire firm offer, naming absolutely lowest f.o.b.” Abraham responded: “I am asking 23 cents per pound for the car of red clover seed from which your sample as taken. No. 1 seed, practically no plantain whatever. Have an offer 22 3/4 per pound, f.o.b. Amity.” Courteen then responded: “Telegram received. We accept your offer. Ship promptly, route care Milwaukee Road at Omaha.” Abraham never sent nor completed the sale of the seed to Courteen.
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