Nebraska Seed Co. v. Harsh

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Nebraska Seed Co. v. Harsh
Court Supreme Court of Nebraska
Citation 98 Neb. 89, 152 N.W. 310 (1915)
Date decided 1915


The Plaintiff is a seed selling corporation, and the defendant is a farmer. The plaintiff argues that a contract was formed between the two parties for the sale of seed, while the defendant argues that no such contract was made, but instead a request for a bid was made. The defendant sent the plaintiff a letter stating that he had 1800 bushels of seed and wanted $2.25 per hundredweight. The letter was received by the plaintiff and a reply was given that the hypothetical offer had been accepted. The defendant refused to deliver the seed, and the plaintiff sued for $900.

Procedural History

Trial by jury and a verdict for plaintiff. The defendant appealed.


Whether a contract is formed when the hypothetical offer includes only a statement of what one party has and what that party wants for what it has.


Judgment reversed and a ruling in favor of the farmer.


The mere statement of the price at which property is held cannot be understood as an offer to sell. The letter was found to contain language that shows it was not intended as a final proposition, but as a request for bids.