Koehring Co. v. Glowacki

The trial court held (1) there was no valid written contract between plaintiff and defendant for the sale of the surplus machinery; and (2) there was no principal-agent relationship between defendant and one William Garland which would bind defendant by Garland’s acceptance of the machinery involved.

As to the exchange of telegrams upon which plaintiff relies to establish a contract, the trial court in its memorandum opinion found:

“On February 5, 1971, defendant sent a telegram to plaintiff ‘confirming our bid $16,500.00 FOB our truck your plant loaded.’

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“Plaintiff’s telegram of February 9,…