Lincoln v. Erie Preserving Co.
Cases that cite this one
9 later published cases cite this decision.
- Nickel v. Theresa Farmers Co-Operative Asso. (Wis. 1945)
- Ottenberg v. William H. Bailey Cigar Co. (Philadelphia County Municipal Court 1922)
- Tobias v. Lynch (Appellate Division of the Supreme Court of New York 1920)
- Santis v. Cannata (R.I. 1919)
- Chinook Lumber, & Shingle Co. v. McLane Lumber & Shingle Co. (Wash. 1919)
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'n (Mass. 1912)
- Montgomery Ward & Co. v. Johnson (Mass. 1911)
- Lewis v. Wood (Mass. 1891)
- Mentz v. . Newwitter (N.Y. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The telegrams do not contain any offer by the defendant to sell to the plaintiff. The plaintiff was a broker, and had acted as a broker for the defendant, and also had dealings with it on his own account. Construing the first two telegrams together, the defendant says to the plaintiff that it will sell a certain quantity of corn, on certain terms, and within a certain time; but it does not say that it will sell to the plaintiff. It says in effect that it will hold the corn for a week, for the plaintiff to find a purchaser. The plaintiff’s reply confirms this construction, for he does not say that he will take the corn, but that he has sold it, and will see the defendant the next day. Smith v. Gowdy, 8 Allen, 566. Champion v. Plummer, 1 N. R. 252.
As there is no written evidence of any bargain or offer to sell the corn to the plaintiff, evidence of a subsequent oral promise by the defendant, or acceptance by the plaintiff, was properly excluded. - Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.