Neb. Seed Co. v. Harsh

98 Neb. 89, 152 N.W. 310 (1915)

 

RULE:

The mere statement of the price at which personal property is held cannot be understood as an offer to sell.

FACTS:

The buyer brought a breach of contract 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 jury returned a judgment for the buyer and the seller appealed. 

ISSUE:

Was there a valid contract?

ANSWER:

No

CONCLUSION:

The court 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. Thus, the court held that there was no binding contract between the buyer and the seller.

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