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Contracts Keyed to Calamari
Fairmount Glass Works v. Crunden-Martin Woodenware Co.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On April 20, 1985, the Appellee, Fairmount Glass Works (the “Appellee”) wrote a letter to the Appellant, Crunden-Martin Woodenware Co. (the “Appellant”) requesting the best price they could offer for “ten car loads of Mason green jars, complete, with caps, packed one dozen in a case, either delivered here, or f. o. b. cars your place, as you prefer.” On April 23, 1895, the Appellant replied with a quote for three different sizes of jars and information about shipment and payment. Additionally, the letter said the quotes were “for immediate acceptance.” On April 24, 1895, the Appellee responded “[e]nter order ten loads as per your quotation.” Additionally, a provision requiring the “jars and caps to be strictly top quality goods” was included in the Appellees’ response. On April 24, 1895, the Appellant responded via telegraph and said they could not fill the Appellees order, because they had sold all the goods. The lower court found for the Appellee and the Appellant appealed.
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19m 28s