Gales-Rojac Corp. v. Pennsylvania Railroad

The entire case rests on documentary evidence which conclusively indicates that plaintiff failed to make out any case for compensation or commissions. The railroad’s proposition was for a bid direct from plaintiff as an advertising sales dealer. Instead plaintiff responded with a suggestion for a deal whereby the advertiser would contract directly with the railroad, the latter to pay plaintiff a commission. No possible claim arises from a counter-proposal for an entirely new arrangement which is rejected by the offeror. Plaintiff’s suggestion did not even reach the status of a counter-offer,…