Brewer v. Lepman & Heggie

127 Mo. App. 693 (1908)

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Nature of the Case

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Facts

Ds wishing to purchase a carload of fresh eggs at eighteen cents per dozen, telegraphed P as follows: 'Offer eighteen delivered car fresh eggs ship today prompt wire acceptance.' On the same day, P telegraphed from Abilene his acceptance of the offer in these words: 'Your offer eighteen accepted for today's car.' On the same day, Ds telegraphed back that P's acceptance was too late and offering to take them at a discount. The eggs had been shipped when that telegram was received and P refusing the offer for discount. Ds refused to accept them. P sued for the difference in value of the eggs when they arrived in Chicago and the contract price, which is alleged to be $425. D's telegram offering eighteen cents and requiring prompt acceptance was delivered at 10:05 o'clock a. m., though not received by P personally until 11:30 as he was engaged outside of his office. At about 12 P wrote the acceptance above set out and sent it to the telegraph office, but the operator had gone to dinner. There was but the one office in Abilene and P sent the dispatch again, shortly after one o'clock. The operator had not yet returned and P then went to his dinner and on his return, after two o'clock, sent it again. The operator's record at Abilene shows that it was received by her at 2:45 and it was received by Ds at Chicago at 3:31. The trial court instructed the jury that 'prompt wire acceptance' meant that P was to telegraph acceptance as soon as he reasonably could; the words meant a reasonable time. P got the verdict and Ds moved for a new trial and it was granted. P appealed.