B. A. ECKHART MILLING CO. v. ILLINOIS D. C

CONTRACTS, § 36 — necessity of acceptance. Where a salesman for plaintiff milling company made a sale of flour to defendant on a written order which contained a provision that the contract was subject to confirmation by the seller's office, and defendant was notified that the order could not be accepted, the order merely constituted an offer to contract which could be rejected by either party before acceptance.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed March 24, 1942.