117 Ga. 86 | Ga. | 1903
This case involves matches by the car-load. Under plaintiff’s construction he bought five car-loads; under defendant’s construction it sold only one. The difference arose from the confused and ambiguous language used in the defendant’s price-list and in the letters giving quotations. It was contended in argument here that there was no ambiguity to those engaged in the match business; but to the ordinary mind there is no doubt that, at first blush, the plaintiff’s construction seems to have been natural ; and if the case were to be determined on that ground, the court would have no difficulty in adjudging that the nonsuit wgs improperly granted. If the plaintiff had actually received the five car-loads of matches, believing in good faith that the seller understood the contract in the same way as the buyer, and if thereafter the latter had changed his position, — had sold the goods at a price based on his understanding of the quotations, and otherwise acted upon what he thought was the mutual understanding of the parties, and if thereafter the seller had brought suit for several times the amount for which the buyer supposed he was liable, the seller would be held to his contract. Even if the contract was ambiguous, the rule would be applied that an instrument is to be construed most strongly against the one who prepares it. Civil Code, § 3675 (4). But that is not this case. The seller has not parted with the goods, and the buyer has not paid the purchase-money. It is true that he claims that he had taken orders to deliver matches out of this lot, and that he would have made a profit had the matches been delivered and thus resold. But the loss of profits anticipated is not sufficient to prevent the application of the rule by which this case is governed.
The price of 144 boxes, each containing 100 matches, was 80 cents; and the defendant argued from this, in connection with the other items in the price-list, that in the sale of matches the unit is a gross, or 144 boxes, each containing 100 matches. Number 200,
The requirement of Civil Code, §3526, that there must be an identification of the thing sold and an agreement as to the price, is but an expression of the general rule of law, and another way of saying that the minds of the parties must meet, both as to the price and as to the thing bargained for, — which may include an identification of the quantity sold. The evidence here clearly indicates that the minds of the buyer and the seller did not meet. The difference in the quantity is so great, and the result, if plaintiff’s contention is sustained, would work such a manifest hardship on the seller, and such an undue advantage to the buyer, that damages will not be allowed for the breach of such an alleged contract. It is true this is a case at law, but the rule in equity would help to illustrate the question. Where as the result of a mistake, with knowledge thereof by one of the parties, a contract of sale has been executed, a court of equity will grant relief. Werner v. Rawson, 89 Ga. 619. Relief was granted in Cooper v. Branch, 82 Ga. 512, where the mistake was unknown to both parties, and neither was in laches, it being possible to make the correction without injustice to either. In Webster v. Cecil, 30 Beav. 62, it appeared that the vendor (the defendant) had offered to sell certain property to the plaintiff for ¿1,250. This offer was accepted. The vendor had»
But the plaintiff insists that the broker wrote to the defendants inquiring as to whether they had not made a mistake in the quotations, and received a reply that the quotations were correct. This was true. The quotations were correct. The mistake arose from the construction placed thereon by the defendant differing so radically from that of the plaintiff. Under the limitations previously stated,
The court did not err in granting the nonsuit.
Judgment affirmed.