Cornwells & Elliott v. Krengel & Seiferd

Illinois Supreme Court
Cornwells & Elliott v. Krengel & Seiferd, 41 Ill. 394 (Ill. 1866)
Lawrence

Cornwells & Elliott v. Krengel & Seiferd

Opinion of the Court

Mr. Justice Lawrence

delivered the opinion of the Court:

The only question presented by this record is, whether the letters offered in evidence show a contract. The defendants ordered paper to be sent them at once. The plaintiffs replied they had none on hand but offered to make it. The defendants again wrote as if the plaintiffs had accepted their order, which they had not, and again saying they “ wanted the paper to come right along! ” The plaintiffs replied a second time that they could not send it “ right along.” There was here no contract. There was no proposition made on one side and accepted on the other. The set-off was properly disallowed.

Judgment affirmed.

Reference

Cited By
2 cases
Status
Published
Syllabus
Contract—Try letter—what constitutes. A party ordered by letter a lot of paper to be sent him at once. The party to whom this order was addressed, replied he had none on hand, but offered to make it. The first party again wrote as if the other had accepted his order, which he had not, and again saying he “ wanted the paper to come right along.” The other replied a second time, that he could not send it at once, and advised him if he was in a hurry about it he had better order elsewhere. Here was no contract — no proposition made on one side and accepted on the other.