Schenectady Stove Co. v. . Holbrook
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover a balance alleged to be due for goods sold and delivered to defendants’ firm.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover a balance alleged to be due for goods sold and delivered to defendants’ firm. Defendants set up, as a counter-claim, damages for an alleged failure on the part of plaintiff to perform a contract for the sale and delivery of other goods. On August 15,1879, the firm of Holbrook, Merril & Stetson, composed of defendants, wrote plaintiff, asking for “…
1Opinion of the Court
Büger, Ch. J.
It is quite obvious that no contract was ever made between the parties with respect to the sale of the goods described in the order of September twenty-seventh. Their minds never met as to some of the elements necessary to constitute a valid contract. The catalogue of prices, containing a statement of terms of sale, delivered to defendants by plaintiff in August, contained no proposition, as to the amount of goods which the plaintiff was willing to sell, on the terms stated, and until an offer is made by one party, complete and definite in all material terms, it is not possible…
2Cited by27 opinions
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- Geismar v. Abraham & StrausSuffolk County District Court · 1981
- Lefkowitz v. Great Minneapolis Surplus Store, Inc.Supreme Court of Minnesota · 1957
- Monahan v. AllenMontana Supreme Court · 1913
- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
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