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SMITH v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 13707.

170 F.2d 474 (1948)

SMITH v. GREAT ATLANTIC & PACIFIC TEA CO.

United States Court of Appeals Eighth Circuit.

November 5, 1948.

Attorney(s) appearing for the Case

Rex W. Perkins and G. T. Sullins, both of Fayetteville, Ark., for appellant.

E. L. McHaney, Jr., of Little Rock, Ark., (Thomas B. Pryor, Thomas Brady Pryor, Jr., G. Byron Dobbs, and Pryor, Pryor & Dobbs, all of Ft. Smith, Ark., and John M. Lofton, Jr., Grover T. Owens and Owens, Ehrman & McHaney, all of Little Rock, Ark., on the brief) for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge

This appeal is taken to reverse a judgment for $6,495.87 in favor of plaintiff in an action for damages arising out of the sale of certain canned spinach by defendant to plaintiff. The contract for the sale originated in a telegram from defendant (doing business as Smith Canning Co.) to plaintiff A. & P. Tea Company, "Do you want 3300 cases standard twos spinach 1.10 Government Certificate", to which the Tea Company responded, "Will accept...

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