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Minnesota Linseed Oil Co. v. Collier White Lead Co.

Circuit Court, District of Minnesota

17 F. Cas. 447 (1876)

Relevant factsFree

In a dispute originally over a separate $2,151 contract claim, Collier White Lead Co. (defendant) counterclaimed that Minnesota Linseed Oil Co. (plaintiff) had, via telegraph negotiations, agreed on August 3, 1875 to sell 12,450 gallons of linseed oil at 58 cents per gallon and then breached by failing to deliver, seeking damages based on the oil's rise to 70 cents per gallon by that date. The telegraph exchange showed Collier requested 300 barrels at 55 cents on July 30, Minnesota offered 58 cents per gallon on July 31 (though the message allegedly was not delivered to Collier until August 2), Collier purported to accept the 58-cent offer by telegraph on August 3, and Minnesota attempted to revoke its offer that same day, though Collier claimed its acceptance predated any withdrawal; Minnesota argued no contract existed because Collier's acceptance was untimely.

IssueFree

Whether a contract is formed where one party accepts the offer of another, but the delay between offer and acceptance is unreasonable in light of the time contemplated and intended by the parties.

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