Wickham & Burton Coal Co. v. Farmers' Lumber Co.

189 Iowa 1183 (1920)

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Nature of the Case

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Facts

D filed a counterclaim against Wickham (P) for damages for the failure to deliver coal pursuant to an oral contract. D claimed $3,090 for the monies he had to pay over the oral contract price. P demurred alleging that the contract was void for a failure of mutuality and certainty and that there was no consideration between the parties. The negotiations were made, but there was no specific amount of coal to be purchased other than by carload. P contends that it made an offer which might be accepted by giving an order until such time as it was actually withdrawn or expired by limitation. P contends that each order and acceptance of a carload lot constituted a separate and distinct contract. P's position was that the agreement could not be enforced by P for a certain or specified amount of tonnage or the payment of any specified tonnage of coal. The demurrer was not sustained.