FAIRMOUNT GLASS WORKS V. CRUNDEN-MARTIN WOODENWARE COMPANY
106 Ky., 659, 51 S.W. 196 (1899)
NATURE OF THE CASE: Fairmount (D), seller appealed a judgment in favor of Crunden (P),
purchaser, in P's breach of contract action.
FACTS: In a letter, Crunden (P) requested a quote from Fairmount (D) for D's lowest price
for ten car loads of mason jars. D responded in writing on the 23rd with prices for
different sizes of jars 'for immediate acceptance.' P telegraphed an order for ten car loads
the next day: 'enter order ten car loads as per your quotation. Specifications mailed.' D
replied to P's telegraph the same day indicating that they could not fill the order because
they were sold out. D received P's specification on the 25th. It called for 'strictly first
quality goods' and the shipment specifications for the first car load of goods with respect
to size. P sued D for breach of contract. If an offer was made, D contends that P's reply
was not an acceptance of its offer. P contends that its April 24th telegram made a binding
contract between P and D. Judgment was given to P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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