Cunningham Manufacturing Co. v. Rotograph Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia upon a verdict of a jury in an action to recover tbe purchase price of goods-sold and delivered. Tbe Court in tbe opinion stated tbe facts as follows: Tbis action was originally brought by tbe appellee company,, tbe Cunningham Manufacturing Company, before a justice of tbe peace of tbe District of Columbia.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia upon a verdict of a jury in an action to recover tbe purchase price of goods-sold and delivered. Tbe Court in tbe opinion stated tbe facts as follows: Tbis action was originally brought by tbe appellee company,, tbe Cunningham Manufacturing Company, before a justice of tbe peace of tbe District of Columbia. Judgment was rendered by the justice against appellant company, the Rotograph Company, from which appeal was taken to the supreme court of the District. The case was there tried to a…
1Opinion of the CourtJustice Van Orsdel
Numerous technical errors are assigned, but, we think that the application of the law governing contracts of this kind will sufficiently dispose of this case, without considering separately the errors assigned. It is evident that there was not such a meeting of the minds of the parties in fixing the consideration as would constitute a contract. Before there can be a contract, the minds of the parties must meet honestly and fairly, withoxit mistake or mutual misunderstanding, upon all the essential points involved in the transaction composing the contract. If one of the parties, through…
2Cases cited2 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Mummenhoff v. RandallIndiana Court of Appeals · 1898
3Cited by2 opinions
- Hollywood Credit Clothing Co. v. GibsonDistrict of Columbia Court of Appeals · 1963
- Consolidated Products Co. v. Blue Valley Creamery Co.Court of Appeals for the Eighth Circuit · 1938