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Eliason v. Henshaw
United States Supreme Court
17 U.S. 225 (1819)
On February 10, 1813, the buyers sent a letter from Harper’s Ferry to the seller at Mill Creek offering to purchase flour at $9.50 per barrel. The letter was sent to the seller by wagon. The letter required that an acceptance by the seller be sent to the buyers by the same wagon returning to Harper’s Ferry. The seller received the offer on February 14, 1813. The seller sent a letter accepting the offer to the buyers at Georgetown on February 19, 1813. On February 25, 1813, the buyers sent the seller a letter acknowledging receipt of the seller’s acceptance, but stating that, because they had not heard from the seller previously, they had purchased flour elsewhere. In March 1813, the seller delivered the flour to Georgetown. The buyers refused to accept the delivery. The buyers moved to instruct the jury that if their evidence was found to be true, the seller was not entitled to recover on the alleged contract. The court did not give the requested instruction and judgment was rendered for the seller. The buyers appealed.
Rule of Law
Holding and Reasoning (Washington, J.)
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