Citations
- 33 Ill. App. 216
Full opinion text
Gary, J.
In July, 1887, as this record shows, the appellants, at Pittsburgh, Pa., had on hand a quantity of sheet iron and steel that had been damaged by a fire that consumed their mill.
The manager of the appellees negotiated with them to buy it. It was not in good shape to be examined, being among the ruins of the mill, except a small part that had been removed to a shed, but he examined it as carefully as he could. He asked the appellants if they had any memoranda, and they said they had a memorandum on which they computed their insurance. They could not give him a copy, but permitted him to have a copy made at his own expense, and a representative of the appellants assisted him in comparing the copy with the original. He testified that he then made to the appellants an offer of one and one-fourth cents per pound, delivered in Chicago, for the entire lot of iron, as per that memorandum; and told them he would- hold the offer open forty-eight hours. There was a reservation of some iron, but no notice of that need now be taken. It does not affect the questions to be decided. Then followed this correspondence :
Copy of telegram:
Pittsburgh, Pa., July 29, 1887.
To W. P. Cragin:
Care Cragin Mfg. Co., Chicago, Ill.
We accept your offer for the sheet iron and sheet steel we named you. Will commence shipping immediately by B.