农场主梅森希望向柯蒂斯出售小麦。他给柯蒂斯打了个电话,询问柯蒂斯是否有意购买小麦。他们在电话中没有达成明确的协议。于是柯蒂斯向梅森发出了定购9,000蒲式耳小麦的定单。几周后,柯蒂斯又向梅森发出了“确认备忘录”。备忘录中列出购买小麦的条件,并声明对该确认书保持沉默即构成同意确认书中所载明的合同。梅森没有理会定单和确认书。于是柯蒂斯向梅森提起违约之诉。法庭判决柯蒂斯败诉。虽然梅林通过电话询问柯蒂斯是否愿意购买小麦,但他们在电话中没有达成明确的协议。柯蒂斯发出的定单是要约,但未被梅森接受。柯蒂斯发出的书面文字不构成合同。柯蒂斯的“确认备忘录”没有任何意义,因为根本就没有需要确认的东西。对确认书不作出回复即构成承诺的声明也没有任何意义。因为发出要约的人不能把沉默看作是一种承诺。因此该案没有构成合同的因素,没有要约也没有承诺,是不能构成具有约束力的 Mason, a farmer, wants to sell wheat to Curtis. He called Curtis and asked if Curtis was interested in buying wheat. They did not reach a clear agreement on the phone. Curtiss then sent orders to Mason to order 9,000 bushels of wheat. A few weeks later, Curtiss sent a “confirmation memo” to Mason. The memo states the conditions for the purchase of wheat and states that silence on the confirmation constitutes the contract contained in the consent confirmation. Mason ignored the orders and affirmations. Curtiss then filed a lawsuit against Mason. Court ruled that Curtis lost. Although Merlin inquired by telephone whether Curtis was willing to buy wheat, they did not reach a clear agreement on the phone. Curtis’s order is an offer, but Mason did not accept it. Curtiss issued written text does not constitute a contract. Curtiz’s Confirmation Memorandum does not make any sense as there is simply no need to confirm anything. There is no point in making a declaration of commitment if no reply is made to the confirmation. Because the person making the offer can not regard silence as a promise. Therefore, the case did not constitute a contract element, there is no offer nor commitment, it can not constitute a binding