Moulton
v. Kershaw
Supreme
Court of
59
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.