Ohio Grain Co. v. Swisshelm

Swisshelm (defendant), a livestock farmer who also followed the soybean market, orally agreed by phone to sell Ohio Grain (plaintiff) 1,500 bushels of soybeans at $5 per bushel; Ohio Grain then sent a confirmation letter specifying quality requirements and a price-adjustment clause, asking Swisshelm to sign and return it, and warning that silence would constitute acceptance of its terms. Swisshelm never responded and instead sold the soybeans to someone else before the delivery date, forcing Ohio Grain to buy replacement soybeans for $1,500 more; the trial court found no contract had been formed and ruled for Swisshelm, and Ohio Grain appealed.