William Howard Taft

“ We do not think that the letter of February 10th was an acceptance of the offer of February 2d. It does not acknowledge its receipt. It does not purport to be an answer to it. It differs from it in the yardage of the linen mentioned by 18,000 yards. It contains no reference to the quality of the linen. It refers to a check for 10 per cent. of the price bid on 150,400 yards of linen, which could not have been sent in the letter of February 2d, for it was for a less amount. ”

“ It does not appear, and it is not claimed, that there was any acceptance of appellant's bid February 2d otherwise than as embodied in the communication last above quoted.
Upon resale of the linen, and appellants found that it was not of the quality of 'firsts' and brought this suit. The linen delivered was of grade A, which term describes a particular texture. The terms 'firsts' and 'seconds' are terms of quality. ”

“ The advertisement also stated that the materials would be sold 'as is' at points of storage, that inspection was invited, that specifications and quantities on hand were based upon best information available, but that no guaranty on behalf of the government was given. ”