Wednesday, December 25, 2013

Moulton v. Kershaw case brief

Moulton v. Kershaw case brief summary
18 N.W. 172 (Wis. 1884)

CASE SYNOPSIS
Defendant sellers sought review of an order from the Circuit Court for Milwaukee County (Wisconsin), which overruled their demurrer to plaintiff buyer's complaint for breach of an agreement to sell salt to the buyer.

CASE FACTS
The sellers sent a letter to the buyer stating that they were authorized to sell salt at a certain price. The buyer responded with a telegram stating that he wanted the sellers to ship him a certain quantity of salt at the quoted price. The sellers refused to perform, and the buyer brought an action for breach of contract. The sellers demurred to the complaint. The trial court overruled the demurrer.

DISCUSSION

  • The court reversed the order and remanded the case for further proceedings, holding that the sellers' letter did not constitute an offer but only a solicitation for offers and therefore that the complaint did not state a cause of action for breach of contract.

CONCLUSION
The court reversed the order overruling the sellers' demurrer to the buyer's complaint for breach of contract and remanded the case for further proceedings.

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