Watts v. Thomas Carter & Sons, Inc.

Rich, J.:

The learned trial court has submitted to the jury the question as to whether or not the acceptance of the sales notes by both parties was complete on April 29, 1920, and has specifically charged that, prior to April 29, 1920, no contract existed, to which no exception was taken. Respondents seek to sustain their judgment upon the theory that the contract was valid and binding upon both parties on April 15, 1920, when the broker forwarded his sales notes to both parties and the negotiations after that date merely related to a modification. Appellant contends that this is contrary to…