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FEDERAL REPORTER, vol.
56.
some respects, by certain corrections suggested by the claimant; and as thus amended definitely accepted by the claimant by letter of February 28th. The libelant did business in Philadelphia, whence the letter of February 17th was written. The claimant's acceptance was written from his residence in Newburgh, N. Y. The essential parts of these letters, as respects the questions at issue, are as follows, namely, the letter of Mr. Griscom, the president of the libelant company, addressed to Mr. Bigler at Newburgh, and dated February 17, 1891: '"Dear Sir: I have just seen Mr. Bates who confirms the rough estimate 1 made to you the other day in answer to your request for a price on refitting th!' Electron with two huudred and fifty (250) cells of storage battery and with the original motor rewound so as to produce 15 horse power, or 25 horse power at a spurt, or to produce raadily about 10 horse power in ordinary service. We therefore propose to furnish you with two hundred and fifty new cells of 23 accumulators, rewind one motor, supply two new armaturel'l, supply all necessary switches and wiring and ten incandescent lamps and ilOckets for the sum of four thousand and ten dollars, payable two thousand dollars cash on delivery of the material at Newark, N. J., ready to go on tho boat, and one thousand dollars in a 60 days' note and one thousand and ten dollars in a 90 days' note. interest added, drawn to your order and indorsed by you. * * * Yours, truly, ""V. W. Griscom, President."
Mr. Bigler replied by letter dated February 21st, as follows: "Newbu::gh, Feb. 21, 1S91. "W. W. Griscom, liJsq., Prest. 224 Carter St., Phila.-Dear Sir: Your favor of the 20th inst. is at hand and I notice what you say confirming our verbal understanding of 1he power which you propoHc for the motor to be used in tho el!'ctrical bO:it Electron. '1'his is entirely satisfactory. All the other specifications are as we talked except you had 12 lamps instead of ten, the payments were $2,000 cash on delivery of the boat completely fitted with the electrical works, balance 2 and 3 months as you state, but the price complete you have $4,000 and them $4,010. We won't let the 10 dollars spoil the trade :IS I am sure you will consider that small amount. You can therefore go on with the work, as I propose to Imve the boat at the Newark factory about the first of April. Yours, tnlly, J. Bigler."
The terms of this reply not being wholly satisfactory to Mr. Griscom, the latter, by letter of February 26th, wrote to Mr. Big. ler as follows: "Dear Sir: Your favor of Feb. 21st at hand. I have entered your order for thl' equipment of the electrical boat Electron and will commence work on the motor promptly. Will you please send a formal accept:lllce of my lette!" of Feb. 17th which has been approved by the committee and which I am not authorized to charge in any part? Will you oblige me by performing thl'3 formality promptly, in order that we may lose no time? ""\V. W. Griscom, President."
In reply to this, Mr. Bigler wrote to Mr. Griscom under date of February 28th as follows: "Dear Sir: Your favor of the 26th iust. is at hand in which you say '1 have entered your order for the equipment of the electrical boat Electron and will commence work on the motor promptly.' You asl{ for a formal aceeptance of your offer of the 17th of ibis month. I certainly intended by my letter of the 21st to fully accept your proposition. If you do not consider it so I will repeat I agree to p:1y you $4,010 for the 'York complete; $2,000 cash when the boat is eQuipped complete as per your letter of the 17th inst., $1.000 in my note of 2 months, $1,010 at 3 months, both notes made to my order, and
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by me indorsed. Boat to be ready for delivery early in May. Interest to be added to the notes. I trust this covers your proposition. J. Bigler." "Yours, &c.,