Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-06-06

The following dscisisss have been ne
eeived ~ Clerk Of Csurss Chssse:
IN case in Kennshec csunty. Loui. A
Ccquasd -. Bassen Z. Pce1er & ii
hescript-The lists Which are m.ts,;.,
In ms case aye MT II Dispute.
he plaiHH4 and dafecaanaa are b,oLa,.
ne fcrnef rostding i 81. Ionic and the
lastes in AsGpsta. The ciaiu Of the p,.;n.
.tn, IN substances. il thst BY letter of DC.
D. isss, he 6Hersf the defendants % cent.
nat ior certain Reardstovn bonds deliye,e.s
IN -. Louis with overdue commons. ..d IN,
the Defendants acrep4esi hi. ofle,ei nv IT,
yer OF nov. II. 1856. and that thew failed
to deliver the bonds.
There v second count in the ri, al
iesins N offer by the defeudant, bv the,
letter OF Nov. 18th, and an ACCEPTANCE his
the plaintiff BY telegram Of Nov. I7,h.
Inc presiding judge directed a yerd;e.
Tor the defendants. to which the plaintiff
excepted. -'
We see no reason for disturbing the yer.
dief. The material facts are found h tbs
admiaed correspondence between the
parties. '
The only question is whether there-xa.a
Completed contract between the nar,is.-.
proposition distinct by one party. and .e-
cepted without modification BY the other
The letters and correspondence between
the parties fall to establish a case for tho
p.ainnn. Jenness vs.. Mt. Hope Iron Co.
- Maine 20; Cumberland BONE "a. y,
Atwood Lead Co., IS Maine. 1877.
The correspondence consists not only of
the letters above mentioned, viz. Oct. Eth
and Nov. iith, lss6.-but of several pre-
cesiin9 these dates, and which became
material In considering whether there vas
any contract between the parties.
y sept. 10Th. 1856 the defendants wrote Of.
fering plaintiff 5000 Beartstovn g.. and
$zoOo Beardstovn los, subject 70 ssIe,
Sept. 18th, plaintiff replied inquirins IL
the interest had always been paid.
Sept. 18th, defendants wrote that they
had learned from the mayor that the citv
proposed TO issue per cent. funding
bond to take mp the old ones.
Sept. 81. plaintiff replied, and spoke of
the invzlidity Of the bonds, and DEPRECATED
the new funding bonds.
Sept. 2sth, defendants informed plaintiff
that they had failed TO obtain the full
%, 900 offered in their first letter, and had
had collected in but $500.
On the same day the plaintiff again wrote
and spoke 81 the iilegality Of the old bonds
and the difficulty Of refunding them.
Oct. 9TH, the plaintiff wrote and made
what he relies upon as his offer, and which
he claims was accepted by the defendants
by their letter of Nov. II following.
But the offer a. well a. the alleged ae-
ceptance should be read and construed in
the light Of the prior letters passing be-
tween the parties, including the defendants
letter OF October 18th, and the plaintiffs
letter of October 18th both Of which were
written and received before the alleged ac-
ceptance Of Nov. 1lth. From the defen-
dants letter Of October 18th we think it
clear that the plaintiffs offer, a. understood
BY both parties, was for the entire So 600.
The plaintiffs letter Of October Is, seems
conclusive upon this view for he says,
''if you get them in shape to offer, will try
TO use them"
The acceptance fails to meet the offer in
one or more elements. The offer WAS for
s50O0-the acceptance was for only s47OO.
The offer was for "all unpaid past due cou-
pons to be attached to bonds" The alleged
acceptance was for bonds and coupons de-
tached.
The acceptance was not the equivalent of
the offer, there was no assent or meeting of
the minds upon the same proposition.
Moreover, the plaintiffs letter of Octo-
Der 18th, received long prior to what is re-
lied upon as the defendants acceptance,
would seem to be withdrawal Of the offer
of October 9TH. 1t was q reply to a letter
of the defendants Of Oct. IL, in which the
$4,000 Beardstown bonds were mentioned.
In it the plaintiff says; 81 doubt my being
able to get % per cent. for your Boards
town bonds now. but if you get them in
shape to offer, will try to use them
Exceptions overruled.
NJ. s. Holway atty for plf.
Heath & Tuell atty's for diff.