Terminal Trading Co. v. Babbit

This is an action sounding in contract. The plaintiff sued for the price of goods sold and delivered. The defendants were held liable, although they did not order the goods, nor receive them, nor agree to pay for them. Neither did the plaintiff seller invoice the goods to them nor look to them for payment at the time they were furnished. It is, therefore, evident that the essentials of a legal contract were completely lacking, and that it was incumbent upon the plaintiff, in order to recover, to establish facts which would, in equity and good conscience, require the court to create and…