Borochoff v. William Muirhead Construction Co.

The main contention between the parties, as argued in their briefs, is whether or not a valid contract was shown to have been entered into; but in the view that we take of the case, in considering the ground of the general demurrer that no cause of action was set forth it is unnecessary to decide that issue. Assuming, but not conceding, that a valid contract was entered into by reason of the letter of the defendant under date of May 7, 1936, and the telegram of the plaintiff under date of May 11, 1936, it is nevertheless apparent that on May 11, 1936, after the sending of the telegram, the…