American Smelting & Refining Co. v. Hyman

KNAPPEN, Circuit Judge.

Plaintiff, doing business in New York, sued defendant, a dealer in scrap iron and metals, at Louisville, Ky., for failure to accept a quantity of electrolytic copper, which plaintiff alleges defendant contracted to buy from it. The only meritorious question presented here concerns the existence or nonexistence of a completed contract of purchase and sale. At the conclusion of the trial by jury each party requested direction of verdict in its or his favor, apparently without request for special or other instructions. Verdict was directed for defendant; The errors…