MINNESOTA LINSEED OIL CO. V. COLLIER WHITE LEAD CO. 17 F. Cas. 447 (1876) CASE BRIEF

MINNESOTA LINSEED OIL CO. V. COLLIER WHITE LEAD CO.
17 F. Cas. 447 (1876)
NATURE OF THE CASE: This was a dispute over the formation of a contract when the parties dealt by telegraph.
FACTS: Minnesota (P) sued Collier (D) for $2,151 in a contract dispute. D filed a counterclaim on a separate contract alleging that the parties entered into a binding contract on August 3, 1875, whereby P would sell to D 12,450 gallons of linseed oil for the price of 58 cents per gallon. D claimed that P breached by failing to deliver the oil. The market value of linseed oil had risen to 70 cents per gallon and D claimed damages from P's refusal to sell the oil at 58 cents per gallon. The linseed transaction had been negotiated by telegraph. On July 29, P solicited an offer from D. On July 30, D requested 300 barrels for 55 cents per gallon. On July 31, P telegraphed an offer to sell the requested oil at 58 cents per gallon. It is alleged that this message was not delivered to D until August 2. D accepted the offer of 58 cents per gallon by telegraph on August 3. On August 3, P attempted to revoke the offer. D claims that the sale was complete before any withdrawal was received. P claims that the acceptance was not offered within a reasonable time of the offer.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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