May 17, 2014

Fairmount Glass Works v. Grunden-Martin Woodenware - 106 Ky. 659, 51 S.W. 196 (1899)

FACTS: GM wrote to Fairmount and said please advise us the lowest price you can make us on our order for 10 carloads of Mason jars.  Fairmont responded that "we quotre .... for immediate acceptance."  GM wrote back "enter order 10 carloads as per your quotation"  Fairmont wrote back impossible to book order.. output all sold.

HISTORY: Judgment for plaintiff.

ISSUE:  Was there an offer?


RATIONALE: The words "for immediate acceptance" invites an assent to the bargain and concludes it.  (see Restatement 24)  Furthermore, the original letter was clearly an inquiry about prices at which the goods would be sold.

DISPOSITION: Judgment affirmed.