Nebraska Seed Co. v. Harsh
Nebraska Supreme Court
152 N.W. 310 (1915)
Relevant factsFree
Harsh (defendant) wrote to Nebraska Seed Co. (plaintiff), saying he had roughly 1,800 bushels of seed and naming an asking price, but not fixing a delivery date. Nebraska Seed wrote back "accepting" the stated price for 1,800 bushels and asking how soon Harsh could load it, then sent a second letter directing immediate shipment and tendering payment. Harsh refused to deliver, denying any contract existed. Nebraska Seed sued, and the jury found for Nebraska Seed; Harsh appealed.
IssueFree
Whether a contract is formed when a party accepts the terms of a communication that merely invites the recipient to begin bargaining, rather than making a definite offer.