Duparquet, Huot & Meneuse Co. v. Maguire

The essential facts upon which this case must be decided may be briefly stated as follows: The Great Captains’ Island, Incorporated, a corporation, made an agreement with the plaintiff to purchase of it certain equipment and utensils for a restaurant. This agreement did not specify the items but provided that they were to be selected by the corpora-, tion subject to the plaintiff’s approval. The agree ment fixed a price, subject to increase if more articles were purchased than anticipated; it specified that a certain cash payment should be made and that the balance of the agreed price should…