Mathey v. Louis G. Freeman Co.

The underlying question is whether there was any evidence which would warrant the finding of the trial judge that there was a contract between the plaintiff and the defendant for the sale and purchase of certain machines.

*362The plaintiff was a dealer in second hand shoe machinery at Lynn. The defendant appears to have had a place of business at Cincinnati, Ohio. After some preliminary inquiries involving no offer on either side, the defendant sent to the plaintiff the following order signed by it and dated at Cincinnati June 20, 1931:

“Please ship our order below at prices and terms named, or as…