Tuesday, October 25, 2011

International Filter Co. v. Conroe Gin, Ice & Light Co. case brief

International Filter Co. v. Conroe Gin, Ice & Light Co.

1. Feb. 10, 1920, Pl. submitted to Def. a written instrument proposing to sell filter. “Becomes a k when accepted by purchaser and approved by executive officer of Pl. company.”
2. Same day, proposal accepted. “Make shipment Mar. 10. President of Pl. Co. “O.K.”
3. Feb. 14, 1920 Pl. wrote letter: thank you for order, please ship sample of water promptly.
4. Feb. 28, 1920 Def. wrote letter to countermand order, Pl. replied Mar. 2nd denied countermand, insisted performance of k, repeated countermand March 4.
5. Pl. sued for breach of k, Def. said no k made, b/c of “O.K.” nor letter of Feb. 14th = approval of Pl. executive officer.

Judge found in favor of Def., appeals court affirmed.

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