Moulton v. Kershaw

Supreme Court of Wisconsin, 1884.

59 Wis. 316, 18 N.W. 172.

Dawson, pp. 343-345

 

Facts: The defendants sent a letter to the plaintiff saying they had cheap salt for sale.  The plaintiff responded with an order for 2,000 barrels.  The defendants withdrew their letter and wouldn’t sell the salt to the plaintiff.  The plaintiff sued.  The defendants demurred, but were overruled.  The defendants appealed.

 

Issue: Did the defendants’ letter plus the telegram in reply from the plaintiff constitute a contract for the sale of 2,000 barrels of salt?

 

Rule: There is no contract if the letter was an advertisement rather than an offer.

 

Analysis: The case boils down to whether the defendant’s letter was an ad or an offer (a promise).  The court interprets the language of the letter and says that it’s an ad, partly because they don’t use the word sell and partly because it doesn’t sound like the typical language of a serious business offer.

 

Conclusion: The court overrules the trial court and finds for the defendants.

 

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