Armor Insulating Co. v. National Gypsum Co.

(After stating the foregoing facts.) The question for determination is whether or not there was sufficient evidence to authorize a finding that the plaintiff had accepted the defendant’s order of November 7, 1940, for the material involved. If there was, the court erred in directing a verdict for the plaintiff and in overruling the defendant’s motion for a new trial; but if no binding contract in this respect was established, then the court properly directed the verdict for the plaintiff.

It was stipulated by counsel that the parties signing all letters and other correspondence introduced in…