Zehr v. Wardall

McALLISTER, Circuit Judge.

In an action brought by appellants, for damages arising out of an alleged breach;; of contract, the trial court directed a verdict in favor of appellee, and appellants claim error. The suit grew out of a telegraphic order for certain merchandise and the claimed acceptance of the order, or counter-offer, as set forth in a letter signed by appellee.

Counsel for appellants contend that the entire contract between the parties consisted of appellants’ telegram and appellee’s letter. The telegram, dated April 27, 1939, addressed to appellee, reads as follows: “Book 2…