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Contracts Keyed to Ayres
Minneapolis & St. Louis Railway Co. v. Columbus Rolling-Mill Co.
Citation:
119 U.S. 149.Facts
The Plaintiff (Minneapolis & St. Louis Railway) contacted the Defendant (Columbus Rolling-Mill) looking to buy rails and asking for a quote. The Defendant, on December 8, sent a letter making a clear offer for the purchase of 2000 to 5000 tons of rails for $54.00 per ton. The letter stated that notice of the Plaintiff’s acceptance should reach Defendant prior to December 20. On December 16, the Plaintiff sent a telegram ordering 1200 tons of rails, accompanied by a letter repeating the same and requesting a contract. On December 18, the Defendant rejected the Plaintiff’s December 16 order. On December 19, Plaintiff entered an order for 2000 tons as per the terms in the December 8 offer. The Defendant did not acknowledge the order and did not despite continuous inquiry by the Plaintiff. The Plaintiff sued.
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Topic Resources
Topic Outline
Formation of Contracts