Dwight Bros. Paper Co. v. Ginzburg

Mr. Presiding Justice Barnes

delivered the opinion of the court.

In this suit, declaring upon an express contract and the common counts in indebitatus assumpsit, plaintiff recovered a judgment against defendant, on a trial without a jury, for $5,200.37, from which defendant appeals.

The alleged express contract consisted of a letter from plaintiff, which was engaged in the wholesale paper business, addressed to the Jewish Courier, under which name defendant publishes a daily newspaper, and of defendant’s noted acceptance thereon.

The' letter is dated April 5, 1921, and acknowledges “your order”…