P. A. Smith Co. v. Muller

Plaintiff brought an action against the defendant for the purchase price of plate glass alleged to haye been sold to defendant but which defendant refused to accept. The trial court found that certain writings signed by the parties, and on which the plaintiff relied, were not intended to be contracts, but were signed, and duplicates thereof exchanged, pursuant to an oral understanding and agreement that the writings should not, and did not, constitute a contract between the parties, and that they were not delivered as a contract. Judgment was therefore entered for the defendant, and plaintiff…