Rumsey & Co. v. Colman (78 Ill. App. 88, 1898)

Mr. Presiding Justice Dibell

delivered the opinion of the court.

Appellant claims the meaning of the language quoted in the foregoing statement, from the letter of February 22d, is that if Eumsey & Co. would ship 150 more shells and plungers, Barber & Colman would keep and pay for all the parts first shipped for the 150 pumps, including the shells and plungers, and would also pay for the second shipment of 150 shells and plungers. If that was the meaning of the letter, Barber & Colman had no need to complain of what they had received, but would simply have ordered 150 more shells and plungers, made strictly in compliance with • the plans and specifications. After stating the defects of the various parts, the letter says, “ Ip order to make your loss as small as possible, we are willing to accept the goods, provided,” etc. To what loss of Bumsey & Co. did Barber & Colman refer ? If appellant’s interpretation of the letter is correct, Bumsey & Co. was to be paid for all the shells and plungers it sent, whether they could be used or not, and was to lose nothing. We think it clear the letter means, “ In order to make your loss as small as possible, we will -waive all lesser defects we have pointed out, if you will send us new shells and plungers, corresponding to the plans and specifications, to take the place of those shells and plungers you have sent, .which do not comply therewith, and which we will not accept.” Before Bumsey & Co. accepted the order it wired Barber & Colman to know what it would cost to make changes and use the pumps already shipped, and was told in reply,