Schalk Chemical Co. v. R. W. Pridham Co.

This is an appeal by the plaintiff from a judgment against it in an action for damages for failure to deliver to plaintiff a quantity of pasteboard cartons in accordance, with an alleged contract between the parties. The plaintiff is a corporation engaged in the manufacture and sale of a certain washing-powder packed in pasteboard cartons of different sizes. The defendant is a corporation engaged in the business of manufacturing and selling such cartons.

There is only one question presented by the appeal, and that is as to the existence of a binding contract between the parties for the delivery of the cartons ordered by plaintiff which the defendant refused to deliver. The alleged contract is evidenced by correspondence between the parties which it is necessary for us to consider in some detail. On December 3, 1914, the plaintiff wrote to the defendant requesting quotation of prices on cartons. The material part of the letter is as follows: “We would be pleased to.have you submit your bid on 2,010,000 Hydro Pura cartons, basing your estimates on the following specifications and requirements.” Then follows detailed specifications as to size, quality, quantity, etc., of tfiree…