Standard Box Co. v. Mutual Biscuit Co.

Action for goods, wares and merchandise sold and delivered to defendant by plaintiff. The cause was tried by a jury and plaintiff had the verdict for $1,444.83, the amount claimed in the complaint. Defendant appeals from the order denying its motion for a new trial.

It appeared that defendant had been purchasing certain boxes, cases and trays from plaintiff for defendant’s use in its business, during the year 1905, under a written agreement dated July 25, 1905. While this contract was in force, to wit, September 1, 1905, plaintiff addressed the following letter to defendant (Defendant’s Exhibit No. 2): “Gentlemen: We hereby agree to give you an option from one year from July 25, 1906, to furnish boxes at the same price as agreed upon in contract entered into between the Mutual Biscuit Co. and Standard Box Company. We furthermore agree to allow discount of 19%% off said prices, as present in said contract.”

On the same day defendant wrote plaintiff as follows (marked Defendant’s Exhibit No. 3):

It is not pretended that this last above letter was anything more than an acknowledgment of the receipt of plaintiff’s letter. It is in no sense an acceptance of the option given…