Perlman v. M. Israel & Sons Co.

In this action for damages arising out of the alleged breach of an agreement for the purchase and sale of a large quantity of “ sweater clips ”, defendant seller denies that there was a valid contract between the parties, and urges upon us a number of errors claimed to have been made by the trial court.

Upon this record, it appears that the parties actually entered into an oral contract on or prior to November 22, 1950, and that the confirmatory letters exchanged between them, dated on that day, and which apparently crossed in the mail, were evidence of such contract, despite their variance…