Tuesday, December 3, 2013

Nebraska Seed Co. v. Harsh case brief

Nebraska Seed Co. v. Harsh case brief summary
152 N.W. 310 (1915)

Defendant seller sought review of a decision of the District Court for Kearney County (Nebraska), which entered a judgment for the plaintiff buyer in a breach of contract action.

The buyer brought this action against the seller, a farmer, alleging that the buyer had purchased seed for an agreed price, and that the seller had refused to deliver after tender of the purchase price. The seller denied that the petition stated a cause of action because the correspondence sent to the buyer was not a contract. The seller appealed after the jury returned a judgment for the buyer.


  • The court reversed and determined that the language of the correspondence did not constitute an offer, but was rather an invitation to the buyer to make an offer. 
  • The court found that the letter did not fix a time for delivery and that a time for delivery seemed to have been regarded as one of the essentials of the buyer. 
  • The court held that there was no binding contract between the buyer and the seller.

The court reversed the judgment for the buyer in favor of the seller.

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