Rushton v. Hall & Brown Woodworking Machine Co.

1. Where two parties by negotiations through written correspondence have arrived at an agreement which, without more, amounts to a complete contract, but immediately thereafter, and before the performance by either party of any act under the agreement, execute a formal agreement in writing containing other stipulations regarding the subject-matter in addition to those contained in the correspondence, the contract between the parties will be considered as having been completed only upon the execution of the formal written agreement, and the latter will be regarded as the contract. It is not…