This section contains the nature of the case and procedural background.

Langellier (P) wrote Schaefer (D) a letter inquiring if his lot was for sale. D replied with a price, and then P wrote what purported to be an acceptance of D's offer but stated a large number of terms different than called for in D's offer to sell. P sued D and D answered with a denial of a contract. P demurred to D's answer, and that demurrer was sustained. D appealed.

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