San Francisco Iron & Metal Co. v. Sweet Steel Co.

(after stating the facts as above). The defendant assigns error to the denial of its motion for án instructed verdict in its favor, and it contends that the evidence failed to show the existence of a contract between the parties, and that, if there was a contract, it contained the condition that the plaintiff ship the rails from Philadelphia on March 15, 1921, and that the failure to comply with that condition justified the defendant in canceling the order as it did on June 14, 1921. The plaintiff had local agents in San Francisco. After negotiations with those agents, the defendant wrote to the plaintiff on February 23, 1921: “We have this day purchased from you.for 600 gross tons new first quality steel rails of the following specifications, * * * at $61 per gross ton of 2,240 pounds. * * * Terms: Sight draft against shipping documents attached, c. i. f. San Francisco. This is to acknowledge same. Please send me your confirmation.”

■ On March 2, the plaintiff answered that the order of February 23 had been accepted at the precise, terms and on the conditions herein set forth (repeating the specifications which had been contained in the letter of the defendant), that the…