{
  "id": 8656923,
  "name": "S. R. MORRISON et al. v. J. H. PARKS",
  "name_abbreviation": "Morrison v. Parks",
  "decision_date": "1913-12-03",
  "docket_number": "",
  "first_page": "197",
  "last_page": "198",
  "citations": [
    {
      "type": "official",
      "cite": "164 N.C. 197"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "148 N. C., 552",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11270955
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/148/0552-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T16:20:25.630766+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "S. R. MORRISON et al. v. J. H. PARKS."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nThis is an action to recover $320 on account of defendant\u2019s failure to execute an alleged contract for tbe sale of certain'lumber. At. tbe close of plaintiffs\u2019 evidence tbe court sustained tbe motion for a nonsuit.\nTbe defendant addressed a letter to tbe plaintiff as follows:\n\u201cGeNtlemeN : \u2014 I have about 80,000 fe\u00e9t of oak left yet, for wbicb I will take $16 per M, delivered on cars at Bridgewater dog-run.\u2019 I will take $8 per M for the. mill culls I bave at Bridgewater, as.that is wbat it cost me; cut and deliver same.\u201d\nTo this tbe plaintiff replied:\n\u201cDear Sir : \u2014 Tour letter of tbe 20th received, and would say, we will take your % oak, at $16, mill culls out, delivered on ears at Bridgewater. We will handle all your mill culls, but not at the price you are asking. We are buying from A. L. & Co. for $4.50 on_board the cars. \u00a5e would be glad to handle yours at this price. How soon will you have some % ready to load? We will take the 80,000 feet and will depend on this, and will load it out as soon as you can put it on the railroad. Please 'write us at once how soon you will have some of this stock ready to load.\u201d\nThe alleged contract being in writing, the construction of this written evidence was a matter for the court. In order to make the offer and reply a contract, \u201cThe acceptance must be (a) absolute and unconditional, (b) identical with the terms of the offer, (c) in the mode, at the place, and within the time expressly or impliedly required by the offer.\u201d Clark on Contracts (2 Ed.), 25; Sumrell v. Salt Co., 148 N. C., 552.\nThe plaintiff Morrison testified that means lumber \u201can inch thick, of any length or width,\u201d and that \u201clog-run\u201d means \u201cany thickness, with culls out.\u201d He further testified that the market price of % lumber, of that character, at that place and time, was $18.50.\nIt is apparent that the reply was not an acceptance of the terms of the offer of the defendant. (1) The defendant offered to take $8 per M for mill culls. The plaintiff replied, offering $4.50. (2) The defendant offered 80,000 feet of oak \u201clog-run\u201d at $16. .The plaintiff replied, offering $16 'per M for % oak\u2014 an entirely different article, and which he himself testified was then worth in the market $18.50 at the same place.\nThere was no contract. The offer of the defendant was not accepted, but a counter offer of an entirely different nature was made. The minds of the parties never met. The judgment of nonsuit must be\nAffirmed.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "A. A. Whitener for plaintiffs.",
      "W. A. Self and Spainhour & Mull for defendant."
    ],
    "corrections": "",
    "head_matter": "S. R. MORRISON et al. v. J. H. PARKS.\n(Filed 3 December, 1913.)\nContracts \u2014 Offer\u2014Acceptance.\nFor tbe acceptance of an offer to become a binding contract, it must be absolute and unconditional, and identical witb its terms in all respects; and where an offer to sell lumber is made, and tbe acceptance is for a lower price, witb further specification as to kinds, etc., tbe acceptance is a conditional one, and does not make a contract of sale.\nAppeal by plaintiffs from Daniels, J., at May Term, 1913, of Catawba.\nA. A. Whitener for plaintiffs.\nW. A. Self and Spainhour & Mull for defendant."
  },
  "file_name": "0197-01",
  "first_page_order": 233,
  "last_page_order": 234
}