69 Mo. App. 207 | Mo. Ct. App. | 1897
This is an action to recover damages for an alleged breach of contract.
There was a trial which resulted in judgment for plaintiffs, and defendant has appealed.
. On said April 19, 1895, the defendant also wrote plaintiffs the following letter, which was received in the
“Pint Mason fruit jars complete, 1 dozen in box, $4.90; quart Mason fruit jars complete, 1 dozen in box, $5.10; half-gallon Mason fruit jars complete, 1 dozen in box, $7.10, delivered to your city. Terms net cash ten days from shipment. The goods to be shipped on or before May 1, and the specifications favorable, and we would want as many half-gallon as quarts in the order.”
On April 20, 1895, the plaintiffs sent the defendant the following telegraphic message.
“Accept quotations of the 19th. Composition half each quarts and half-gallons. Written. Answer.” On which last named date the plaintiffs wrote the defendant as follows: “We have just wired you as follows: ‘Accept your quotations 19th. Composition half each quarts and half-gallons. Written. Answer.’ And this is in confirmation. Please advise us by what road you propose to make shipment of the jars, etc.”
On Saturday, April 20, 1895, at 6:45 p. m. the defendant sent the plaintiffs the following telegram: “Price to-day twenty-five cents gross higher. Wire instantly or this is withdrawn. Advancing.” 'Which said telegram was received at Kansas City at 7:05 p. M., but not delivered to plaintiffs until about 10 p. m. of the same day. On Monday, April 22, 1895, at 10:15 a. m., the plaintiffs sent the defendant the following telegraphic message: “Ship jars. Write to-day.’’ At 8:56 p. m., of said last named day, the defendant sent plaintiffs the following telegraphic message:
“We specified instant answer. Price now two dollars per gross higher.” '
On said twenty-second of April, plaintiffs sent the defendant the following telegraphic message: “Your telegram 19th received 10 o’clock Saturday night.
It is thus seen that it is the aggregatio mentium of the parties that marks the completion of the contract, and without which it is incomplete and incapable of enforcement. It is clear that according to the authorities already quoted unless the evidence discloses an
It is clear from the terms of the defendant’s responsive message that it was thereby intended to merely invite negotiations. Obviously the language of the. defendant’s response conveyed to plaintiffs an implied invitation to make an offer to buy the goods about which they had inquired. It seems conceded that by the terms “if specifications favorable” the defendant meant to say to plaintiffs that if they would place with it an order for fruit jara, that it, would fill the same at the prices named, if for the kinds and quantities that it had on hand, and was willing to sell.
The plaintiff on the next day after the receipt of the information and invitation contained in the defendant’s telegraphic response, wired defendant an offer to purchase five hundred gross of the latter’s fruit jars at quoted prices “composition half each quarts and half-gallons.” It is too plain for argument that this last telegraphic message of plaintiffs to the defendant was an offer made in view of the defendant’s previous invitation. It was an offer to purchase the number of fruit jars which plaintiffs had named in the telegraphic inquiry addressed to it in the first instance. It was without condition and in erms so clear, specific and certain that the contractual relation would inevitably result from its acceptance and thus put an end to the negoti
But if the defendant’s letter should be considered' in connection with its dispatch of the same date, for the purpose of determining whether together they embodied an unconditional offer, still this does not obviate the difficulty, for the reason that the latter by its terms also reserves the option to reject any offer, if the specifications were not favorable. So that both tele
The judgment will be reversed.