Fairmount Glass Works v. Crunden-Martin Wooden Ware Co.

1899 Kentucy Court of Appeals

• Fairmount gave price quote on jars to Crunden-Martin. Crunden-Martin agreed, then Fairmount was sold-out and could not fulfill order.
• Court finds that terms given by Fairmount would constitute an offer in the business.
• Defendant’s argument: quote was not an offer, quote was an invitation to an offer.
• Second argument: not all terms were stated, not enough to be an offer.
• Third argument: plaintiff stated new terms, thus it was a counter-offer, not an agreement.
• Quotes are generally not considered to be offers, since you may quote more people than you can actually sell to.
• ‘For immediate acceptance’ language in Fairmount’s telegraph, court finds to constitute an offer.
• Court doesn’t find defendant’s argument about ‘strictly first-quality goods’ compelling as to constitute a counter-offer–standard business practice.

Author: international