Fairmount Glass Works v. Crunden-Martin Wooden Ware Co.

Fairmount Glass Works v. Crunden-Martin Wooden Ware Co. -...

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Fairmount Glass Works v. Crunden-Martin Wooden Ware Co. 106 Ky. 659 (1899) Fact: Operative Facts: A buyer sent the following message to the seller “Gentlemen: Please advise us the lowest price you can make us on our order for ten car loads of Mason green jars, complete, with caps, packed one dozen in a case, either delievered here, or f.o.b. cars your place, as you prefer. State terms and cash discount. Seller replied: “Gentlemen: Replying to your favor of April 20, we quote you Mason fruit jars, complete, in one-dozen boxes, delivered in East St. Louis, Ill.: Pints $4.50, quarts $5.00, half gallons $6.50, per gross, for immediate acceptance, and shipment not later than May 15, 1895; sixty days’ acceptance, or 2 off, cash in ten days. … Please note that we make all quotations and contracts subject to the contingencies of agencies of transportation, delays or accidents beyond our control.” The buyer stated the accepted the terms and price, and the seller then replied that they could not
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Unformatted text preview: complete the offer because they were out of stock. Issue: Whether this was an offer or a quote Rule: Quotes are generally not considered an offer, but it depends on the language used. Because this involves personal property, it could be deemed under the U.C.C., however it was 1899, so U.C.C may not have existed. As long as there was specifically quantity, party, price and subject, there was a contract. Rational: The first one had insufficient terms, of price, however they did have quantity, party and subject. The 2 nd letter clarified a price, subject, quantity, and parties. Usually quotes are not contracts, but this 2 nd letter also stated accept immediately. Which states that its an offer, in context. Holding: Court held that the exchange of telegrams was considered a contract with a proper offer and acceptance. All quotes and advertisements must be considered on a case by case basis. Synthesis: Dissent/Concurrences:...
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