Aker v. J. J. Fredella Co.

A dismissal was granted on the ground that no contract was proven. Under the evidence this was a question of fact or a mixed question of law and fact. All the acts and words, spoken or written, may be considered in determining whether the necessary mutual assent is established. It was for the court to determine as a fact whether the defendant, when, after the prior letters and negotiations between the parties, it sent its letter, dated March 14,1927, inclosing therewith a “ copy of contract for hauling, with prices as quoted today by your Mr. Beard,” intended to make an offer; whether the…